The High Court of Kerala dismissed a civil revision petition challenging the compensation awarded by the lower court for cutting of trees and diminution in land value. The court held the award rested on evidence, was not excessive, and there was no jurisdictional error.
The Civil Revision Petition is dismissed.
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 V.CHITAMBARESH
THURSDAY, THE 20TH DAY OF SEPTEMBER 2012/29TH BHADRA 1934
CRP.No. 729 of 2007 ( ) ----------------------OP(ELE).208/2002 of ADDITIONAL DISTRICT COURT (ADHOC-I), ERNAKULAM
REVISION PETITIONER(S)/RESPONDENT:
KERALA STATE ELECTRICITY BOARD, REP: BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM THIRUVANANTHAPURAM.
BY ADVS.SRI.C.K.KARUNAKARAN, SC FOR KSEB SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN,SC,K.S.E.BOARD RESPONDENT(S)/PETITIONERS: --------------------------
SRI.ANTHAPPAN PETER, AGED 65 YEARS, S/O.ANTHAPPAN, PUTHENVEETTIL, KUMBALANGI. ADDL.2. SMT.CICILY, W/O.LATE PETER, -DO3. SRI.ANTONY, AGED 35, S/O.LATE PETER -DO-, 4. SRI.GEORGE, AGED 33 S/O.LATE PETER -DO-, 5. SMT.METILDA, AGED 26, D/O.LATE PETER, -DO-
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. 729 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 civil revision court should interfere with the compensation awarded for cutting of trees and diminution in land value being inadequate.
Whether the compensation awarded is excessive warranting interference under Section 115 of the Code of Civil Procedure.
1 provisions across 1 enactments
KERALA STATE ELECTRICITY BOARD
ANTHAPPAN PETER
CICILY
ANTONY
GEORGE
METILDA
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
