KERALA STATE ELECTRICITY BOARD Vs. C G NARAYANAN

JUDGEMENT

(1.) These three revision petitions arise out of three applications, O. P. Nos. 76/70, 77/70 and 78/70 on the file of the District Court, Trichur. Those three applications were considered jointly and a consolidated order was passed by the District Judge and in this Court also I am considering all these together in this order.

(2.) These applications were filed before the District Judge, Trichur, for compensation under S.16 of the Telegraph Act, 1885 read with S.51, Electricity Act, 1910. For supply of electricity electric lines were taken over the property involved in these cases by the Electricity Board who is the respondent in all the three applications. According to the petitioner, who is the same in all the applications, on account of taking electric lines over his property 25 coconut trees have been cot from it and he has suffered damage on account of it. He also claimed damages for the diminution of the value of the portion of the property underneath the electric lines. Again be also claimed damages for the loss of one cent of land, rendered useless by the construction of a tower in it. As stated earlier, the learned District Judge, Trichur, considered these claims and determined the compensation to be paid to the applicant in all the three applications. Aggrieved by that the Kerala Electricity Board has filed these three revision petitions.

(3.) Two points arise for consideration in this case. One is whether this Court is entitled to interfere in revision with the order passed by the District Judge determining the compensation payable under the Telegraph Act read with the Electricity Act. The second question is whether the determination of compensation made by the District Judge is legally sustainable. As regards the first question the respondent's counsel referred me to sub-s.3 of S.16 of the Telegraph Act which runs as follows: