KERALA STATE ELECTRICITY BOARD Vs. CHINAMMA ANTONY

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judg ment of a learned single Judge of the Kerala High Court dismissing the Civil Revision Petition filed by the appellant the Kerala State Electricity Board (in short the 'Board'). Challenge in the Civil Revision was to the order passed by learned Additional District Judge, Thodupuzha, granting the enhanced compensation for alleged loss suffered by the respondent (hereinafter referred to as the 'claimant') on account of drawal of electric ity line over her property. The dispute re lated to the compensation awarded for dimi nution in land value and the grant of inter est. Relying on a full Bench decision of a Kerala High Court in Kumba Amma v. K.S. E.B., 2002 (1) KLT 542, the High Court dismissed the Civil Revi sion Petition. AIR 2000 Ker 215

(3.) In support of the appeal learned coun sel for the appellant-Board submitted that the High Court's judgment is clearly unsus tainable as the Full Bench decision in Kamba Amma's case (supra) was set aside by this Court in The Kerala State Electricity Board v. Livisha etc. etc., 2007 (6) SCC 792 by the common judgment in Civil Appeal No. 289 of 2006 and other Civil Appeals. This Court set aside the impugned order in each case and remitted the matter back to the High Court for a fresh consideration. It was inter-alia observed as follows : 2007 AIR SCW 4104