This order dismisses a civil revision petition challenging compensation awarded by a trial court for tree cutting and land value diminution. The Court found no error of jurisdiction warranting interference under Section 115 CPC.
Civil Revision Petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 20TH DAY OF SEPTEMBER 2012/29TH BHADRA 1934
CRP.No. 481 of 2007 ( )
OP(ELE).213/2002 of ADDITIONAL DISTRICT COURT (ADHOC-I), ERNAKULAM
REVISION PETITIONER(S)/RESPONDENT;:
KERALA STATE ELECTRICITY BOARD, REP. BY ITS CHAIRMAN, VYDHYUTHI BHAVAN, PATTOM THIRUVANANTHPURAM.
BY ADVS.SRI.C.K.KARUNAKARAN, SC FOR KSEB SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN,SC,K.S.E.BOARD
RESPONDENT(S)/PETITIONER::
SRI.GEORGE, AGED 77 YEARS, S/O.XAVIER, KATTATHARA, KUMBALANGI.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.CHITAMBARESH, J.
C.R.P.No. 481 of 2007
Dated this the 20th day of September, 2012
O R D E R
The compensation awarded by the court below for cutting of trees and diminution in land value is rested on evidence. The court below has adverted to the report of the Advocate Commissioner and other relevant inputs. The compensation awarded is meagre and cannot be said to be excessive by any standards. There is no error of jurisdiction as to warrant interference under Section 115 of the Code of Civil Procedure.
The Civil Revision Petition fails and is dismissed.
V.CHITAMBARESH, Judge.
nj.
2 issues framed by the court
Whether the High Court should interfere under Section 115 CrPC with the compensation awarded by the trial court for cutting of trees and diminution in land value.
Whether the compensation awarded by the court below is excessive or erroneous in law amounting to an error of jurisdiction.
1 provisions across 1 enactments
Kerala State Electricity Board, Rep. By Its Chairman
Sri. George
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
