KSEB Vs. P H HORMESE THARAKAN

JUDGEMENT

(1.) These civil revision petitions raise a common question and they are therefore disposed of by this common order. Applications were filed before the District Judge, Alleppy, by the respondents in all the civil revision petitions under S.16(3) of the Indian Telegraph Act (13 of 1885) read with S.51 of the Indian Electricity Act (9 of 1910) claiming enhanced compensation payable under S.10(d) of the Indian Telegraph Act (13 of 1885). The compensation claimed is for the cutting and removal of bearing coconut trees from the properties belonging to the respondents in the revision petitions. The enhancement claimed was granted by the learned District Judge by the decisions sought to be revised.

(2.) It was agreed by the parties before the learned Judge that the compensation has to be awarded in the light of the principles stated by this Court in Electricity Board v. Thomas 1961 KLT 238 . It is also agreed that the respondents before this Court are entitled to compensation for the loss of bearing coconut trees. In the ruling cited above the principle for fixing compensation for bearing coconut trees is stated thus: