KERALA STATE ELECTRICITY BOARD Vs. B SREEKUMARI

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment 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 No. 1 Mavelikara granting the enhanced compensation for alleged loss suffered by the respondent (hereinafter referred to as the claimant) on account of drawal of electricity line over her property. The dispute related to the compensation awarded for diminution in land value and the grant of interest. Relying on a Full Bench decision of a Kerala High Court in Kumba Amma vs. K.S.E.B. (2000 (1) KIT 542 ) the High Court dismissed the Civil Revision Petition.

(3.) In Supplort of the appeal learned counsel for the appellant-Board submitted that the High Courts judgment is clearly unsustainable as the Full Bench decision in Kumba Ammas case (supra) was set aside by this court in The Kerala State Electricity Board vs. 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 :