Common Order in CRP Nos. 461, 462 & 464 of 2014 and 147 & 148 of 2015, High Court of Kerala

1 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 22[ND] DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944 CRP NO. 461 OF 2014 ``` ## **`AGAINST THE ORDER/JUDGMENT IN OP 64/2011 OF THE FIRST`** ## **`ADDITIONAL DISTRICT COURT, KOZHIKODE`** ## **`REVISION PETITIONER/S:`** ``` JOJI JOHN S/O JOHN, PULIKKAL (HOUSE), KAITHAPOYIL (P.O), PUTHUPPADY, KOZHIKODE DISTRICT BY ADV SRI.JESWIN P.VARGHESE ``` ## **`RESPONDENT/S:`** ``` POWER GRID CORPORATION OF INDIA LTD REPRESENTED BY THE DEPUTY GENERAL MANAGER, SOUTHERN REGION, UGRAPURAM, AREACODE P.O, MALAPPURAM DISTRICT 673639 ``` ``` BY ADV.MILLU DANDAPANI ``` ``` THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.09.2022 ALONG WITH CRP NOS 462 AND 464 OF 2014 AND 147 AND 148 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 22[ND] DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944 CRP NO. 462 OF 2014 ``` ``` AGAINST THE ORDER/JUDGMENT IN OP 174/2010 OF THE FIRST ADDITIONAL DISTRICT COURT, KOZHIKODE ``` ## **`REVISION PETITIONER/S:`** ``` FATHIMA @ PATHUMAI AGED 48 YEARS W/O.HAMSA HAJI, PUZHAKUNNEL HOUSE, KAITHAPOYIL (P.O)KOZHIKODE DISTRICT. BY ADV SRI.JESWIN P.VARGHESE ``` ## **`RESPONDENT/S:`** ``` DEPUTY GENERAL MANAGER POWER GRID CORPORATION OF INDIA LTD,SOUTHERN REGION, UGRAPURAM, AREACODE (P.O),MALAPPURAM DISTRICT PIN - 673 639. ``` ``` BY ADV.MILLU DANDAPANI ``` ``` THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.09.2022 ALONG WITH CRP NOS 461 AND 464 OF 2014 AND 147 AND 148 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 22[ND] DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944 CRP NO. 464 OF 2014 ``` ``` AGAINST THE ORDER/JUDGMENT IN OP 220/2012 OF THE FIRST ADDITIONAL DISTRICT COURT, KOZHIKODE ``` ## **`REVISION PETITIONER/S:`** ``` FATHIMA @ PATHUMAI AGED 48 YEARS W/O.HAMSA HAJI, PUZHAKUNNEL HOUSE, KAITHAPOYIL P.O., KOZHIKODE DISTRICT. ``` ``` BY ADV SRI.JESWIN P.VARGHESE ``` ## **`RESPONDENT/S:`** ``` DEPUTY GENERAL MANAGER POWER GRID CORPORATION OF INDIA LTD., SOUTHERN REGION, UGRAPURAM, AREACODE P.O., MALAPPURAM DISTRICT, PIN - 673 639. ``` ``` BY ADV.MILLU DANDAPANI ``` ``` THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.09.2022 ALONG WITH CRP NOS 461 AND 462 OF 2014 AND 147 AND 148 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 4 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 22[ND] DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944 CRP NO. 147 OF 2015 ``` ``` AGAINST THE ORDER/JUDGMENT IN OP 341/2012 OF THE FIRST ADDITIONAL DISTRICT COURT, KOZHIKODE ``` ## **`REVISION PETITIONER/S:`** ``` T.J.JIMMY AGED 45 YEARS S/O.T.V.CHACKO, THANNIKKAL HOUSE, VALLIYAD, KAITHAPOYIL P.O, KOZHIKODE DISTRICT. BY ADV SRI.JESWIN P.VARGHESE ``` ## **`RESPONDENT/S:`** ``` POWER GRID CORPORATION OF INDIA LTD. REPRESENTED BY THE DEPUTY GENERAL MANAGER, SOUTHERN REGION, UGRAPURAM, AREACODE P.O, MALAPPURAM DISTRICT. 673 639. ``` ``` BY ADV.MILLU DANDAPANI ``` ``` THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.09.2022 ALONG WITH CRP NOS 461 , 462 AND 464 OF 2014 AND 148 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 22[ND] DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944 CRP NO. 148 OF 2015 ``` ## **`AGAINST THE ORDER/JUDGMENT in OP 337/2012 OF THE FIRST`** ``` ADDITIONAL DISTRICT COURT, KOZHIKODE ``` ## **`REVISION PETITIONER/S:`** ``` T.V.CHACKO S/O.VARGHESE, THANNIKKAL HOUSE, VALLIYAD, KAITHAPOYIL P.O, KOZHIKODE DISTRICT. BY ADV SRI.JESWIN P.VARGHESE ``` ## **`RESPONDENT/S:`** ``` POWER GRID CORPORATION OF INDIA LTD REPRESENTED BY THE DEPUTY GENERAL MANAGER, SOUTHERN REGION, UGRAPURAM, AREACODE P.O, MALAPPURAM DISTRICT. 673 639. ``` ## `BY ADV.MILLU DANDAPANI` ``` THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22.09.2022,ALONG WITH CRP NOS.461, 462, 464 OF 2014 AND 147 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 6 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 ## **C.S DIAS,J.** ## **--------------------------CRP Nos. 461, 462 & 464 of 2014 and 147 & 148 of 2015** **----------------------------Dated this the 22[nd] day of September, 2022.** ## **COMMON ORDER** The revisions petitions are filed by the petitioners in OP Nos 64/2011, 174/2010, 220/2012, 341/2012 and 337/2012 of the Court of the First Additional District Judge, Kozhikode, dissatisfied by the compensation awarded by the Court for the trees cut and removed from their properties as provided under Sec.51 of the Indian Electricity Act, 2003, read with Secs. 10 and 16 of the Indian Telegraph Act, 1885. 2. When the revision petitions were taken up for consideration, Sri.Jeswin P.Varghese, the learned counsel appearing for the petitioners submitted that in a batch of cases, i.e., CRP No.144/2013 and connected cases, this Court, by its common order dated 7.3.2017, in cases 7 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 arising of the orders passed by the same court in respect of the same project, i.e., Mysore-Kozhikode 400 K.V Electric line, had following the principles laid down by the Hon’ble Supreme Court in **Kerala State Electricity Board v. Livisha** [2007 (3) KLT 1], remanded back all the cases to the court below with a direction to consider the yield received from each tree in the land and determine the diminishing value of the land value after ascertaining the market value of the respective property. Even though the present batch of cases were also filed along with the earlier disposed of cases, they were not included in the list. Hence, the petitioners are also entitled to an order of remand as held by this Court in the common order in CRP No.144/2013. 3. The above submission was not seriously opposed by Sri.Millu Dandapani, the learned counsel appearing for the respondent in all the cases. 8 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 4. I have appreciated the pleadings, the materials on record, the impugned order and the common order passed in CRP No.144/2013. I find that the present batch of cases are similarly situated to the cases disposed of by this Court in the above-stated common order. In fact, the grounds in all the cases are one and the same. Therefore, I am of the considered view that the petitioners in these revision petitions are also entitled to the same benefit of remand for the purpose of directing the court below to consider the aspects as laid down in CRP No.144/2013 and connected cases, that is to fix the compensation following the yardstick laid down in **Livisha** (supra), determine the yield received from each tree and determine the land value, after ascertaining the market value and other factors. In the result, the revision petitions are allowed in the following manner: 9 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 (i) CRP No.461/2014 is allowed by setting aside the order in OP No.64/2011 of the Court of the First Additional District Judge, Kozhikode. (ii) CRP No.462/2014 is allowed by setting aside the order in OP No.174/2010 of the Court of the First Additional District Judge, Kozhikode. (iii) CRP No.464/2014 is allowed by setting aside the order in OP No.220/2012 of the Court of the First Additional District Judge, Kozhikode. (iv) CRP No.147/2015 is allowed by setting aside the order in OP No.341/2012 of the Court of the First Additional District Judge, Kozhikode. (v) CRP No.148/2015 is allowed by setting aside the order in OP No.337/2012 of the Court of the First Additional District Judge, Kozhikode. (vi) The court below is directed to consider the yield received from each tree in the land belonging to each of the petitioners. 10 CRP Nos. 461 , 462 & 464 of 2014 and 147 & 148 of 2015 (vii) The court below is directed to determine the diminishing land value after ascertaining the market value and any other factors relating to the assessment. (viii) The court below is directed to follow the principles laid down by the Hon’ble Supreme Court in **Livisha** (supra). (ix) Needless to mention, the parties would be at liberty to let in additional evidence, if so advised. (x) The parties are directed to appear before the court below on 17.10.2022 in person or through their respective counsel. (xi) As the cases are of the year 2010 to 2012, the court below is directed to consider and dispose of the original petitions, in accordance with law, as expeditiously as possible. sd/- sks/22.9.2022 ## **C.S.DIAS, JUDGE**