Allowed

P. Raghavan v. K.S.E.B

Kerala HC17 Dec 2009CRP/3256/2001

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a civil revision petition challenging a trial court order that awarded 9% interest on tree cutting compensation. The Court held the petitioner entitled to 12% per annum interest on the entire compensation from the date of cutting, following its own earlier order in similar matters.

What did the court decide?

Revision petition allowed; petitioner entitled to interest at 12% per annum on entire compensation including enhanced amount from date of cutting of trees.

P. Raghavan Vs K.S.E.B — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI

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THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931

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CRP.No. 3256 of 2001()

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---------------------OP.405/1999 of ADDL. DISTRICT COURT, THALASSERY

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REVN. PETITIONER(S): PETITIONER

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PUNNAKKAL RAGHAVAN, S/O. RAMUNNI, AGED 60 YEARS, PUNNAKKAL HOUSE, KANHIRODE AMSOM, THATTIODE DESOM, KOODALI P.O.

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BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE SEBASTIAN

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RESPONDENT(S): RESPONDENT --------------KERALA STATE ELECTRICITY BOARD, REP. BY THE SECRETARY, K.S.E.B., TRIVANDRUM.

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ADV. SRI.C.K.KARUNAKARAN

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.Q. BARKATH ALI, J.

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C. R. P. 3256 of 2001

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Dated: DECEMBER 17, 2009

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ORDER

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The challenge in this civil revision under sec.115 of C.P.C. is to the order of the Additional District Court, Thalassery in Electricity O.P.405/1999 dated July 30, 2001 in so far as it did not grant interest at the rate of 12% per annum on the enhanced compensation awarded and also on the compensation awarded by the respondent from the date of cutting of trees.

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The respondent, Kerala State Electricity Board, cut and removed bearing and non-bearing trees of the revision petitioner for the purpose of drawing 220 KV Areacode-Kannur electric line. The respondent KSEB awarded a compensation of Rs.52,266/-. Aggrieved by the inadequacy of the compensation awarded by the respondent, the revision petitioner filed Electricity O.P.405/1999 before the trial court for enhanced compensation. The trial court by the impugned order granted an enhanced compensation of Rs.50,163/- and interest at the rate of 9% per annum from the date of petition to the enhanced compensation. For the compensation already awarded, 9% interest was awarded from the date of cutting of trees.

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The revision petitioner in this revision petition claimed

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CRP 3256/01 2

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interest at the rate of 12% per annum from the date of cutting of trees on the entire compensation awarded including the enhanced compensation.

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Notice was given to the respondent, Kerala State Electricity Board. Counsel for the KSEB submitted that they have no objection in granting interest at the rate claimed by the revision petitioner.

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This Court in CRP 2526/1998 and similar other CRPs. by order dated September 19, 2001 has found that the claimants are entitled to interest at the rate of 12% per annum from the date of cutting of trees. Therefore in the present case also I hold that the revision petitioner is entitled to interest at the rate of 12% per annum on the entire compensation awarded including the enhanced compensation from the date of cutting of trees.

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In the result the revision petition is allowed with costs. The revision petitioner is found entitled to interest at the rate of 12% per annum on the entire compensation awarded including the enhanced compensation from the date of cutting of trees.

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P.Q. BARKATH ALI, JUDGE

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The sentence “Counsel for the KSEB submitted that they have no objection in granting interest at the rate claimed by the revision petitioner” occurring in the 4^th paragraph of the order dated

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CRP 3256/01 3 17.12.2009 in CRP 3256/2001 is deleted vide order dated 8.6.2010 in R.P.459/2010 in CRP 3256/2001.”

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Sd/- Registrar (Judicial)

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mt/-

P. Raghavan v. K.S.E.B

Case brief

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P. Raghavan v. K.S.E.B

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