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Kerala High Court

Kerala State Electricity Board vs Chemmancheri Madathil Karthiyayani ... on 22 November, 2014

Author: P.Bhavadasan

Bench: P.Bhavadasan

       

  

   

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                      PRESENT:

                          THE HONOURABLE MR.JUSTICE P.BHAVADASAN

         SATURDAY, THE 22ND DAY OF NOVEMBER 2014/1ST AGRAHAYANA, 1936

                                             CRP.No. 290 of 2012 ()
                                                  -----------------------
                    OPELE 78/2001 of ADDL. DISTRICT COURT, THALASSERY
                                                       -----------
REVISION PETITIONER/RESPONDENT :
------------------------------------------------------

            KERALA STATE ELECTRICITY BOARD,
            REPRESENTED BY CHAIRMAN K.SE.B
            VYDYUTHI BHAVANAM PATTOM,
            THIRUVANANTHAPURAM 695004

            BY ADV. SRI.K.M.SATHYANATHA MENON,SC,KSEB

RESPONDENTS/PETITIONERS :
-------------------------------------------

        1. CHEMMANCHERI MADATHIL KARTHIYAYANI AMMA,
            W/O.UNNAMMAN NAMBIAR RESIDING AT
            PATTUVAM AMSOM DESOM TALIPARAMBA TALUK,
            KANNUR DISTRICT - PIN 670143

        2. CHEMMANCHERI BHARGAVI,
            D/O.UNNAMMAN NAMBIAR RESIDING
            AT PATTUVAM AMSOM DESOM TALIPARAMBA TALUK,
            KANNUR DISTRICT PIN 670143

            R1 & R2 BY ADV. SRI.P.BABU

            THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD
            ON 22-11-2014, THE COURT ON THE SAME DAY PASSED THE
            FOLLOWING:

bp



                       P.BHAVADASAN, J.
          -------------------------------------------------
            Civil Revision Petition No.290 OF 2012
          -------------------------------------------------
         Dated this the 22nd day of November, 2014.


                             O R D E R

At the time of hearing, learned counsel appearing for the petitioner submitted that the award of interest is on the higher side and is not warranted by the facts and circumstances of the case. According to the petitioner, interest should not have been gone above 9% in the present case.

2. After having gone through the order of the court below, this Court feels that the amount awarded as compensation is just and reasonable. The value of the land taken for the purpose of assessment of diminution in the land value is reasonable.

Whatever that be, the court below has relied on the decision of this Court for awarding 12% interest. It could not be said that it is without any basis that the court below has awarded 12% interest. If that be so, nothing else remains to be considered in C.R.P No.290/2012 2 this revision petition.

This petition is without merits and it is accordingly dismissed.

Sd/-

P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.