The High Court of Kerala dismissed two Civil Revision Petitions filed by KSEB challenging the award of enhanced compensation for damaged property by the Additional District Judge in OP(E) Nos. 49 and 50 of 1993 at North Paravur.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929
CRP.No. 754 of 2002()
--------------------OP(ELE) 50/1993 of ADDL. DISTRICT COURT, N. PARAVUR
REVN. PETITIONER: RESPONDENT
K.S.E.BOARD,REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM
BY ADV. SRI.C.K.KARUNAKARAN,SC, KSEB
RESPONDENTS: PETITIONER
EBRAHIM ERUPPAKKOTTIL HOUSE, PERINGALA KARA,KUNNATHUNADU VILLAGE, KUNNATHUNADU TALUK.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/02/2008 ALONG WITH CRP NO. 2153 OF 2002, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRP No. 754 OF 2002
ORDER ON CMP No. 5762 OF 2002 IN CRP No. 754 OF 2002
DISMISSED
07.02.2008 SD/- M.N. KRISHNAN, JUDGE
M.N.KRISHNAN, J.
C.R.P. Nos. 754 & 2153 OF 2002
Dated this the 7th day of February, 2008
ORDER
CRP No. 2153/02 is preferred against the award of the Additional District Judge, North Paravur in OP(Ele) 49/93 and C.R.P. No. 754/02 is preferred against the award of the same court in OP (Ele) 50/93. A perusal of the award would reveal that in OP(Ele) 49/93 the court granted an additional compensation of Rs.9832/- and in OP(Ele) 50/93 the court awarded an additional compensation of Rs.1,34,660.74/-. In both cases, the court awarded interest at the rate of 6%.
C.R.P. Nos. 754 & 215302 2
every aspect specifically with reference to the income, age, yielding, multiplier, value and thereafter has awarded this enhancement. It is absolutely based on the principles and therefore, I do not find any ground to interfere with the said award granted by the court and therefore CRP 2153/02 is only to be dismissed.
C.R.P. Nos. 754 & 215302
3
wines and took the net yield from a pepper vine at 3 Kg and fixed the yielding period for future at 12 years, applied the multiplier of 6.814 and awarded enhanced compensation of Rs.879.51.
C.R.P. Nos. 754 & 215302
4
court has applied its mind totally into the facts and circumstances of the case and the available materials and thereafter has awarded a total compensation of Rs.1,34,660.74/- in OP(Ele) 50 of 1993. So, I do not find that the court has committed any error, which requires interference at the hands of this court.
Therefore, the civil revision petitions are devoid of merit and they are accordingly dismissed.
M.N.KRISHNAN, JUDGE
vps
C.R.P. Nos. 754 & 215302 5
C.R.P. Nos. 754 & 215302 6
1 issue framed by the court
Whether the Additional District Judge's award of enhanced compensation for damaged cashew, coconut, rubber and other trees at North Paravur warrants revisional interference.
K.S.E.B. Board
Ebrahim Eruppakkothil
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
