KURIAN Vs. KSEB

JUDGEMENT

(1.) The petitioner has approached this Court on account of non payment of compensation for cutting trees for the reason that the petitioner does not hold patta or title for the property. Ext. P1 shows the inventory regarding the items cut, which are all coconut trees, arecanut trees, jack fruit tree, mango tree, etc. Going by the items referred to in Ext. P1 there is no forest tree or tree of spontaneous growth. All these are obviously planted by farmers in their property. So far as the KSEB is concerned, it is not the title of the property that is relevant, but the person who sustained damage on account of cutting of trees. I am not deciding the petitioners title over the property because the same is not relevant for directing the Board to give compensation to the petitioner. Admittedly the petitioner is a cultivator and occupier of the land and the trees were planted by him or his predecessors. In the circumstances, he is entitled to compensation. All that the Board has to look into is whether the petitioner is in possession and enjoyment of the property and on proof of the same by production of certificate to that effect from the Village Officer, or Panchayat or such other local authority, the Board will give compensation to the petitioner without insisting any documents of title to the property. If there is delay on the part of the petitioner in obtaining possession certificate it is a matter of factual verification by field staff of the Electricity Board and on being satisfied, the compensation will be given to the petitioner within two months from the date of receipt of a copy of this judgment, which will be produced by the petitioner.