Kerala High Court
K.C.Ahammed vs Kseb on 16 July, 2008
Author: K.M.Joseph
Bench: K.M.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20072 of 2008(M)
1. K.C.AHAMMED, S/O.IMBICHI MAMMAD,
... Petitioner
Vs
1. KSEB, REP. BY ITS SECRETARY
... Respondent
2. THE DEPUTY CHIEF ENGINEER(TRANSMISSION)
For Petitioner :SRI.V.N.RAMESAN NAMBISAN
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice K.M.JOSEPH
Dated :16/07/2008
O R D E R
K. M. JOSEPH, J.
--------------------------------------
W.P.C. NO. 20072 OF 2008 M
--------------------------------------
Dated this the 16th July, 2008
JUDGMENT
Prayers in the Writ Petition are as follows:
"i) Issue a writ of mandamus or any other appropriate order or direction commanding the respondents to disburse the award amount of Rs.54,348/= with interest and cost to the petitioner.
ii) Declare that the petitioner is entitled for the compensation amount of Rs.54,348/= awarded by the Deputy Tahsildar (LA), Kerala State Electricity Board, Kozhikode with interest from the date of cutting of the trees viz. 2.8.1997 with cost immediately."
2. According to petitioner, the respondents have drawn a High Tension 220 KV electric line through the property of petitioner and to enable drawal of the line, on 2.8.1997, they had cut and removed yielding and other valuable trees from the property of the petitioner. It is the further case of the petitioner that the Deputy Tahsildar (LA), KSEB, Kozhikode assessed the WPC.20072/08M 2 damages and awarded compensation amount of Rs.54,348/=, and that the amount has not been released. It is also stated that the petitioner has filed O.P. No.43/2006 before the District Court, Kozhikode praying for a direction to disburse the amount of Rs.54,348/=. That OP was not pressed. It is further stated that even after eleven years of cutting the trees, not a single pai has been disbursed to the petitioner. Learned standing counsel for the respondent Electricity Board on instructions submits that what is due to the petitioner is in a sum of Rs.28,528/=. He also points out that this is borne out by a perusal of Ext.P1 as it shows that the amount has been reduced to Rs.28,528/= as per the proceedings of the Deputy Chief Engineer (WBP) Circle, KSEB, Thrissur. Counsel for the respondents prays for some time to pay the amount. Even though the standing counsel prays for three months' time, I am not inclined to grant three months' time because it is a long pending case.
3. Learned standing counsel submits that the Authority to disburse the amount is the Deputy Chief Engineer, Transmission WPC.20072/08M 3 Circle, Malappuram. Accordingly, the Deputy Chief Engineer, Transmission Circle, Malappuram is suo motu impleaded as the additional third respondent. The Writ Petition is disposed of directing the additional third respondent to disburse to the petitioner a sum of Rs.28,528/= within two months from the date of receipt of a copy of this Judgment. I leave open the question of interest.
Sd/= K. M. JOSEPH, JUDGE kbk.
// True copy// PS to Judge