Kerala High Court
The Chief Engineer vs Biju Varghese on 1 September, 2021
CRP.25/2019
& connected cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 25 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 83/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,
ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA-689663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS
AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
3 MATHAI KANJIKAL,
AGED 76 YEARS
S/O.ABRAHAM, KANJIKAL HOUSE, KOTTAMONPARA P.O.,
CHITTAR-SEETHATHODU VILLAGE, PIN-689663.
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.28/2019, 88/2019 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 28 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 86/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER
ENERGY DEVELOPMENT CO.LTD, ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA-689 663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, IA,ELGIN
ROAD, KOLKATA,WEST BENGAL-700020, REPRESENTED BY ITS
AUTHOISED SIGNATORY, TOBY ANTONY
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER
KSEB,VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTIRICTY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM
3 K.SATHYAN
AGED 50 YEARS
S/O. KRISHNAN, DEEPA NIVAS, KOTTAMONPARA P.O.,
CHITTAR, SEETHATHODE VILLAGE, PATHANAMTHITTA
BY ADV SRI.JAISON JOSEPH
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 88 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 64/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER,
KSEB , VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, , VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM-695 004
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 MARIYAMMA [email protected] JOSEPH
W/O. V.M JOSEPH, PUTHEN VEEDU, SEETHATHODE P.O.,
KUMARAMPEROOR NORTH, CHITTAR SEETHATHODE VILLAGE,
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O.,PIN-689 663
BY ADV SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 175 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 69/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER
KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
ITS SECRETARY, VYDHUTHIBHAVAN, THIRUVANANTHAPURAM-
695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 BIJU VARGHESE
S/O. VARGHESE, ANTHIYAMKULAM HOUSE, KOTTAMONPARA P.O,
KUMARAMPEROOR NORTH, CHITTOOR-SEETHATHODU VILLAGE-
689663.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD,
ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, PIN-
699663.
BY ADV SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 158 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 68/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER KSEB
KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDHUTHIBHAVAN,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 K.J.THOMAS
S/O. THOMAS, KUTTIYIL HOUSE, KOTTAMONPARA P.O. ,
KUMARAMPEROOR NORTH, CHITTOOR-SEETHATHODU VILLAGE,
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD,
ULLUMKAL HYDRO ELECTRIC PROJECT,
CHITTAR P.O, PIN-689663.
BY ADVS.
SHRI.ESM.KABEER
K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 167 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 67/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, KSEB
VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY,
VYDYUTHIBHAVAN, THIRUVANANTHAPURAM 695 004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 R.RAJAPPAN @ GOPI
AGED 64 YEARS
S/O. RAMAKRISHNAN NAIR,
CHAMPAN PUTHENVEETTIL, KOTTAMONPARA P.O.,
MOONNUKALLU CHITTAR SEETHATTHODE VILLAGE.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD.,
ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., 686
663.
BY ADVS.
SHRI.ESM.KABEER
K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 159 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 71/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN
THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDHUTHIBHAVAN,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 KOSHY JOHNY
AGED 1 YEARS
S/O. JONHY, ULLUMKAL PUTHENVEEDU, KOTTAMONPARA P.O,
KUMARAMPEROOR NORTH, CITTAR-SEETHATHODU VILLAGE,
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD,
ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O,PIN-
689663.
BY ADVS.
SHRI.ESM.KABEER
K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 183 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 70/2012 OF ADDITIONAL
DISTRICT COURT (ADHOC), PATHANAMTHITTA, PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER,
KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 THOMAS P.V.,
S/O VARGHESE, PUNNATHUNDIYIL HOUSE, KOTTAMONPARA
P.O., KUMARAMPEROOR NORTH, CHITTAR-SEETHATHODU
VILLAGE.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD., ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O.,-689663.
BY ADV SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 212 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELC 73/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER
KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOAD,
REPRESENTED BY ITS SECRETARY, VYDHUTHIBHAVAN,
THIRUVANANTHAPURAM-695004
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 VENUGOPAL
S/O. NANU, PUTHENVEETTIL HOUSE, KOTTAMONPARA P.O,
KUMARAMPEROOR NORTH,
CHITTOOR-SEETHATHODU VILLAGE-689663.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O,PIN-689663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 169 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 73/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, KSEB
VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 MATHEW [email protected] MATHAI DANIEL
S/O.DANIEL, PONMELIL HOUSE, KOTTAMONPARA.P.O.,
KUMARAMPEROOR NORTH CHITTAR-SEETHATHODU VILLAGE.
2 THE PROJECT MANAGER
ENERGY DEVELOPMENT COMPANY LTD. ULLUMKAL HYDRO
ELECTRIC PROJECT CHITTAR.P.O., PIN-689663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
SHRI.BHARAT VIJAY P.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 168 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELC 83/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER,
KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695004.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 MATHAI KANJIKAL,
S/O.ABRAHAM KANJIKAL HOUSE, KOTTAMONPARA.P.O.,
CHITTAR-SEETHATHODU VILLAGE.
2 THE PROJECT MANAGER
ENERGY DEVELOPMENT COMPANY LTD. ULLUMKAL HYDRO
ELECTRIC PROJECT CHITTAR.P.O., PIN-689663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 163 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 82/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN
THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM - 695 004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 CHERIYAN THOMAS,
S/O.THOMAS, THEKKUMKATTIL HOUSE, KOTTAMONPARA P.O.,
KUMARAMPEROOR NORTH, CHITTAR - SEETHATHODU VILLAGE.
2 THE PROJECT MANAGER
ENERGY DEVELOPMENT COMPANY LTD., ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O., PIN - 689 663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
SHRI.BHARAT VIJAY P.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 193 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 85/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER
KSEB VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY,
VYDYUTHIBHAVAN,THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 VASUKUTTAN
S/O KOCHUKUNJU,
MAVUNNILKUNNATHIL HOUSE,
KOTTAMONPARA.P.O,CHITTOOR-SEETHATHODU VLLAGE-689663.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD,
ULLUMKAL HYDRO ELECTRIC PROJECT,
CHITTAR.P.O,PIN-689663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 192 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 76/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER
KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDHUTHIBHAVAN,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 JOYAMMA RAJAN
W/O. RAJAN, PUKKAMANNIL HOUSE, KOTTAMONPARA P.O,
MOONNUKALLU, CHITTAR-SEETHATHODU VILLAGE-689663.
2 THE PROJECT OFFICER,
ENERGY DEVELOPMENT COMPANY LIMITED,
ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, PIN-
689663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
SRI.C.IJLAL
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 191 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 84/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER
KSEB VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY,
VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 ABRAHAM.C.M.,
S/O MATHAI,CHARIVUPURAYIDATHIL
HOUSE,KOTTAMONPARA.P.O,
CHITTAR-SEETHATHODU VILLAGE-689663.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD,ULLUMKAL HYDRO
ELECTRIC PROJECT,CHITTAR.P.O,PIN-689663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 196 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 74/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER
KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM-695 004
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 N.SOMAN
S/O. NANU, PUTHENVEETIL HOUSE, KOTTAMONPARA P.O,
KUMARAMPEROOR NORTH, CHITTOOR-SEETHATHODU VILLAGE.-
689 663
THIRUVANANTHAPURAM
2 THE PROJECT MANAGER
ENERGY DEVELOPMENT COMPANY LTD. ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O, PIN-689 663
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 276 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 90/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER,
KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICUTY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM-695 004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 SARASAMMA
AGED 75 YEARS
D/O KUTTIYAMMA, OTTATHENGIL HOUSE, KOTTAMONPARA P.O.
CHITTAR-SEETHATHODU VILLAGE-689 663
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O.PIN 689 663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 277 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 89/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 SIMON P.VARGHESE,
AGED 59 YEARS, S/O.VARGHESE, PUNNATHUNDIYIL HOUSE,
KOTTAMONPARA.P.O., CHITTAR-SEETHATHODU VILLAGE-
689663.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD., ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR.P.O., PIN-689663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 272 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 87/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER KSEB
KSEB VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM 695 004
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 C.T.THOMAS,
S/O. THOAMS, CHARIVUKALAYIL HOUSE, KOTTAMONPARA P.O,
CHITTAR-SEETHATHODU VILLAGE.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O, PIN 689 663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 275 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 86/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN
KSEB VYDHUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 K.SATHYAN
AGED 50 YEARS
AGED YEARS, S/O KRISHNAN, DEEPA NIVAS, KOTTAMONPARA
P.O, MOONNUKALLU, CHITTAR-SEETHATHODU VILLAGE-689663.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O,PIN-689663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 278 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 88/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM - 695 004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 JAYAN,
AGED 59 YEARS, S/O.KRISHNAN, NATTIYATHU HOUSE,
KOTTAMONPARA P.O. 689663, CHITTAR- SEETHATHODU
VILLAGE.
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD., ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O., PIN - 689 663.
BY ADVS.
SHRI.ESM.KABEER
SRI.K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 271 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 72/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, KSEB VYDYUTHIBHAVAN
THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM 695 004
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 PRADEEP C.R.
CHAMPON PUTHEN VEEDU, ULLUMKAL, KUMARAMPEROOR NORTH,
CHITTAR- SEETHATHODE VILLAGE
2 THE PROJECT MANAGER,
ENERGY DEVELOPMENT COMPANY LTD, ULLUMKAL HYDRO
ELECTRIC PROJECT, CHITTAR P.O.PIN 689 663
BY ADVS.
SHRI.ESM.KABEER
K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 201 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPELE 154/2013 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER,
THE KERALA STATE ELECTRICITY BOARD, VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM 695 004
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYSYUTHIBHAVAN,
PATTOM, THIRUVANANTHAPURAM 695 004
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 LEELAMMA VARGHESE
AGED 65 YEARS
W/O. P.C VARGHESE, PATHALIL HOUSE, KOTTAMONPARA P.O,
CHITTAR SEETHATHODU VILLAGE, PIN 689 667
* ADDL. R2 IMPLEADED
2 * ADDL.R2. ENERGY DEVELOPMENT CO.LTD
ULLUMKAL HYDRO ELECTRICS PROJECT, CHITTAR P.O.,
RANNI, PATHANAMTHITTA - 689 663 HAVING ITS CORPORATE
OFFICE AT "EDCL HOUSE", IA, ELGIN ROAD, KOLKATA, WEST
BENGAL - 700020 REPRESENTED BY ITS AUTHORISED
SIGNATORY, TOBY ANTONY, AGED 61 YEARS, S/O.ANTONY
KULATHUNKAL, KULATHUNKAL HOUSE, RUBY NAGAR PO,
CHANGANACHERRY, KOTTAYAM DISTRICT - 686 103.
IS IMPLEADED AS PER ORDER DATED 28.7.2021 IN IA
NO.2/2021 IN CRP 201/2020
BY ADVS.
ESM.KABEER
CRP.25/2019
K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 200 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPELE 155/2013 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, THE KERALA STATE ELECTRICITY
BOARD,
VYDHUTHIBHAVAN, THIRUVANANTHAPURAM - 695004,
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY,KSEB, VYDHUTHIBHAVAN,
PATTOM, THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 MARIAMMA KURIAKOSE
W/O. KURIAKOSE, THADATHUKALAPURAYIDATHIL HOUSE,
KOTTAMONPARA P O, CHITTAR SEETHATHODU VILLAGE, PIN -
689667.
*ADDL. R2 IMPLEADED
2 * ADDL.R2. ENERGY DEVELOPMENT CO. LTD. (EDCL)
ULLUMKAL HYDRO ELECTRICS PROJECT, CHITTAR P.O.,
RANNI, PATHANAMTHITTA - 689 663 HAVING ITS CORPORATE
OFFICE AT "EDCL HOUSE", IA, ELGIN ROAD, KOLKATA, WEST
BENGAL - 700020 REPRESENTED BY ITS AUTHORISED
SIGNATORY, TOBY ANTONY, AGED 61 YEARS, S/O.ANTONY
KULATHUNKAL, KULATHUNKAL HOUSE, RUBY NAGAR PO,
CHANGANACHERRY, KOTTAYAM DISTRICT - 686 103.
IS IMPLEADED AS PER ORDER DATED 28.7.2021 IN IA
NO.3/2021 IN CRP 200/2020
BY ADVS.
CRP.25/2019
ESM.KABEER
K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 202 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPELE 153/2013 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, THE KERALA STATE ELECTRICITY
BOARD
VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695 004.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHIBHAVAN,
PATTOM, THIRUVANANTHAPURAM-695 004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 VIDHYADHARAN
S/O.NARAYANAN, NISHA BHAVANAM, KOTTAMONPARA P.O.,
CHITTAR SEETHATHODU VILLAGE, PIN-689 667.
2 ADDL.R2. ENERGY DEVELOPMENT CO. LTD. (EDCL)
ENERGY DEVELOPMENT CO.LTD(EDCL) ULLUMKAL HYDRO
ELECTRICS PROJECT, CHITTAR P.O., RANNI,
PATHANAMTHITTA - 689 663 HAVING ITS CORPORATE OFFICE
AT "EDCL HOUSE", IA, ELGIN ROAD, KOLKATA, WEST BENGAL
- 700020 REPRESENTED BY ITS AUTHORISED SIGNATORY,
TOBY ANTONY, AGED 61 YEARS, S/O.ANTONY KULATHUNKAL,
KULATHUNKAL HOUSE, RUBY NAGAR PO, CHANGANACHERRY,
KOTTAYAM DISTRICT - 686 103.
IS IMPLEADED AS PER ORDER DATED 28.7.2021 IN IA
NO.1/2021 IN CRP 202/2020
CRP.25/2019
BY ADVS.
SHRI.ESM.KABEER
K.SHAJ
SMT.C.SHEEBA
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 203 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPELE 152/2013 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
1 THE CHIEF ENGINEER, THE KERALA STATE ELECTRICITY
BOARD,
VYDYUTHIBHAVAN,THIRUVANANTHAPURAM-695004.
2 KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY,
KSEB,VYDYUTHIBHAVAN,PATTOM,
THIRUVANANTHAPURAM-695004.
BY ADV JAISON JOSEPH
RESPONDENT/S:
1 GEORGE TITUS
S/O DETHAS GEORGE,PUNNATHUNDIYIL HOUSE,
KOTTAMONPARA.P.O, CHITTAR,SEETHATHODU VILLAGE,PIN-
689667.
2 ADDL.R2. ENERGY DEVELOPMENT CO. LTD. (EDCL)
ENERGY DEVELOPMENT CO.LTD(EDCL) ULLUMKAL HYDRO
ELECTRICS PROJECT, CHITTAR P.O., RANNI,
PATHANAMTHITTA - 689 663 HAVING ITS CORPORATE OFFICE
AT "EDCL HOUSE", IA, ELGIN ROAD, KOLKATA, WEST BENGAL
- 700020 REPRESENTED BY ITS AUTHORISED SIGNATORY,
TOBY ANTONY, AGED 61 YEARS, S/O.ANTONY KULATHUNKAL,
KULATHUNKAL HOUSE, RUBY NAGAR PO, CHANGANACHERRY,
KOTTAYAM DISTRICT - 686 103.
IS IMPLEADED AS PER ORDER DATED 28.7.2021 IN IA
CRP.25/2019
NO.2/2021 IN CRP 203/2020
BY ADV K.SHAJ
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 297 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPELE 152/2013 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
ENERGY DEVELOPMENT CO. LTD(EDCL)
ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI,
PATHANAMTHTITA-689 663 HAVING ITS CORPORATE OFFICE AT
'EDCL HOUSE', IA ELGIN ROAD, KOLKATA, WEST BENGAL-
700020, REPRESENTED BY ITS AUTHORIZED SIGNATORY, TOBY
ANTONY, AGED 61 YEARS, S/O. ANTONY KULATHUNKAL,
KULATHUNKAL HOUSE, RUBBY NAGAR P.O., CHANAGANACHERRY
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER
KSEB ,VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 004
2 THE KERALA STATE ELECTRICTY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB VYDYUTHI BHAVAN,
THIRUVANANTHAPRUAM-695 004
3 GEORGE TITUS,
S/O. DETHAS GEORGE, PUNNATHUNDIYIL HOUSE,
KOTTAMONPARA P.O. CHITTAR SEETHATHODU VILLAGE,
PATHANAMTHITTA-689 667
BY ADV JAISON JOSEPH
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 248 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPELE 153/2013 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
ENERGY DEVELOPMENT CO. LTD (EDCL)
ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O RANNI,
PATHANAMTHITTA-689 663 HAVING ITS CORPORATE OFFICE AT
EDCL HOUSEA, ELGIN ROAD, KOLKATA WEST BENGAL -700020
REP BY ITS AUTHORISED SIGNATORY, TOBY ANTONY AGED 61
YEARS, S/O.ANTONY KULATHUNKAL, KULANTHUNKAL HOUSE,
RUBBY NAGAR P.O., CHANGANACHERRY.
BY ADVS.
K.SHAJ
SRI.RENJIT GEORGE
SRI.C.IJLAL
SMT.UMMUL FIDA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SHRI.JAI GOVIND M.J.
RESPONDENT/S:
1 THE CHIEF ENGINEER
KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 004.
2 THE KERALA STATE ELECTRICTIRY BOARD
REP BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM-695 004.
3 VIDHYADHARAN,
S/O.NARAYANAN, NISHA BHAVANAM, KOTTAMONPARA P.O.,
CHITTAR SEETHATHODU VILLAGE, PATHANAMTHITTA-689 667.
CRP.25/2019
BY ADVS.
STANDING COUNSEL
SHRI.ESM.KABEER
JAISON JOSEPH
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 329 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPELE 154/2013 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
ENERGY DEVELOPMENT CO. LTD.(EDCL)
ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O. RANNI,
PATHANAMTHITTA 689 663, HAVING ITS CORPORATE OFFICE
AT EDCL HOUSE IA, ELGIN ROAD, KOLKATA WEST BENGAL
700020 REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY
ANTONY, AGED 61 YEARS, S/O. ANTONY, KULATHUNKAL,
KULATHUNKAL HOUSE, RUBBY NAGAR P.O. CHANGANACHERY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER
KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM 695 004.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM 695 004.
3 P.C VARGHESE,
PATHALIL HOUSE, KOTTAMONPARA P.O. CHITTAR SEETHATHODU
VILLAGE, PATHANAMTHITTA 689 667.
4 LEELAMMA VARGHESE,
AGED 58 YEARS
W/O. P.C. VARGHESE, PATHALIL HOUSE, KOTTAMONPARA P.O.
CHITTAR, SEETHATHODU VILLAGE, PATHANAMTHITTA 689 667.
BY ADV JAISON JOSEPH
CRP.25/2019
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 247 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPELE 155/2013 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
ENERGY DEVELOPMENT CO.LTD.(EDCL)
ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O., RANNI
PATHANAMTHITTA-689 663 HAVING ITS CORPORATE OFFICE AT
EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA WEST BENGAL-
700020 REP BY ITS AUTHORISED SIGNATORY TOBY ANTONY
AGED 61 YEARS, S/O.ANTONY KULATHUNKAL, KULATHUNKAL
HOUSE, RUBBY NAGAR P.O., CHANGANACHERRY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER
KESB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 004.
2 THE KERALA STATE ELECTRICITY BOARD
REP BY ITS SECRETARY, KESB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM-695 004.
3 MARIAMMA KURIAKOSE
W/O.KURIAKOSE, THADATHUKALAPURAYIDATHIL HOUSE,
KOTTAMONPARA P.O., CHITTAR SEETHATHODU VILLAGE,
PATHANAMTHITTA-689 667,
BY ADVS.
STANDING COUNSEL
SHRI.ESM.KABEER
JAISON JOSEPH
CRP.25/2019
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 8 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 76/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER
ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITA - 689 663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL - 700 020, REPRESENTED BY
ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
3 JOYAMMA RAJAN
W/O.RAJAN, PUKKAMANNIL HOUSE, KOTTAMONPARA P.O.,
MOONNUKALLU, CHITTAR - SEETHATHODU VILLAGE, PIN- 689
663.
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
CRP.25/2019
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 43 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 82/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,
ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA -689663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL-700020 REPRESENTED BY ITS
AUTHORIZED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
3 CHERIYAN THOMAS,
S/O THOMAS, THEKKUMKATTIL HOUSE, KOTTAMONPARA P.O.,
KUMARARAMPEROOR NORTH, CHITTAR-SEETHATHODU VILLAGE,-
689663.
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 65 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 67/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,
ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA-689663,
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS
AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER, KSEB,
VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
3 R.RAJAPPAN @ GOPI,
AGED 64 YEARS
S/O.RAMAKRISHNAN NAIR, CHAMPAN PUTHENVEETTIL,
KOTTAMONPARA P.O., MOONNUKALLU, CHITTAR, SEETHATHODE
VILLAGE-689663.
BY ADVS.
SRI.JAISON JOSEPH
CRP.25/2019
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 46 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 70/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER
ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR.P.O., RANNI, PATHANAMTHITTA-689663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS
AUTHORIZED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KESB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
3 THOMAS P V.,
S/O.VARGHESE, PUNNATHUNDIYIL HOUSE,
KOTTAMONPARA.P.O., KUMARAMPEROOR NORTH, CHITTAR,
SEETHATHODE VILLAGE, PIN-689663.
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 37 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 68/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER
ENERGY DEVELOPMENT CO. LTD, ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA-689 663,
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL-700020 REPRESENTED BY ITS
AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
3 K.J. THOMAS
S/O. THOMAS, KUTTIYIL HOUSE, KOTTAMONPARA P.O,
KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE,
PIN-689 663
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
CRP.25/2019
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 26 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 85/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER, ENERGY DEVELOPMENT CO.LTD.
ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT,CHITTAR P.O., RANNI, PATHANTHITTA-689 663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, IA, ELGIN
ROAD, KOLKATA, WEST BENGAL-700020,REPRESENTED BY ITS
AUTHORISED SIGNATORY, TOBY ANTONY
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER KSEB
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHIBHAVAN,
THIRUVNANTHAPURAM
3 VASUKUTTAN
AGED 54 YEARS
S/O. KOCHUKUNJU, MAVUNILKUNNATHIL HOUSE, KOTTAMONPARA
P.O., CHITTAR, SEETHATHODE VILLAGE, PIN-689 663
CRP.25/2019
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 55 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 75/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER, ENERGY DEVELOPMENT CO.LTD.
ULLUMKAL HYDRO ELECTRIC PROJECT, CHITTAR P.O, RANNI,
PATHANAMTHITTA-689 663 HAVING ITS CORPORATE OFFICE AT
EDCL HOUSE, 1A, ELGIN ROAD, KOLKATA, WEST BENGAL-
700020, REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY
ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER, KSEB
VYDYUTHI BHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
3 MATHEW DANIEL @ MATHAI DANIEL
KOTTAMONPARA P.O, KUMARARAMPEROOR NORTH, CHITTAR-
SEETHATHODU VILLAGE, PIN-689 663
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 98 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 84/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,
ENERGY DEVELOPMENT CO.LTD, ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA 689 663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL 700 020
REPRESENTED BY ITS AUTHORITSED SIGNATORY TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB,VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM
3 ABRAHAM C.M
AGED 57 YEARS
S/O. MATHAI, CHARIVUPURAYIDATHIL HOUSE, KOTTAMONPARA
P.O, CHITTAR-SEETHATHODU VILLAGE, PIN 689 663.
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 108 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 90/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,
ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA- 689663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL- 700020, REPRESENTED BY
ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM- 695008.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM- 695008.
3 SARASAMMA,
AGED 75 YEARS
D/O.KUTTIYAMMA, OTTATHENGIL HOUSE, P.O.CHITTAR,
SEETHATHODE VILLAGE, PIN- 690663.
BY ADV SRI.JAISON JOSEPH
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 59 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 89/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,
ENERGY DEVELOPMENT CO. LTD, ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA-689 663,
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS
AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-695 025
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM-695 023
3 SIMON P . VARGHESE
AGED 52 YEARS, S/O. VARGHESE, PUNNATHUNDIYIL HOUSE,
KOTTAMONPARA P.O, CHITTAR, SEETHATHODE VILLAGE, PIN-
689663.
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 36 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 69/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,
ENERGY DEVELOPMENT CO.LTD, ULLUMKAL HYDRO ELECTRIC
PROJECT,CHITTAR P.O.RANNI, PATHANAMTHITTA-689
663,HAVING ITS CORPORATE OFFICE AT EDCL HOUSE,1A,
ELGIN ROAD, KOLKATA, WEST BENGAL-700020,REPRESENTED
BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB,VYDYUTHIBHAVAN,THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB,VYDYUTHI
BHAVAN,THIRUVANANTHAPURAM
3 BIJU VARGHESE,
S/O VARGHESE, ANTHIYAMKULAM HOUSE,KOTTAMONPARA
P.O.KUMARAMPEROOR NORTH, CHITTAR SEETHATHODE
VILLAGE,PIN 689 663.
BY ADVS.
SRI.JAISON JOSEPH
SRI.E.S.MOHAMED KABIR
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 73 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 87/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,ENERGY DEVELOPMENT CO.LTD.
ULLUMKAL HYDRO ELECTRIC PROJECT,
CHITTAR P.O., RANNI,
PATHANAMTHITTA - 689 663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL - 700 020
REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
VYDYUTHIBHAVAN,
THIRUVANANTHAPURAM - 695 001.
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM- 695 001.
3 C.T.THOMAS,
AGED 50 YEARS
S/O THOMAS, CHARIVUKALAYIL HOUSE,
KOTTAMONPARA P.O., CHITTAR, SEETHATHODE VILLAGE, PIN
- 689 663.
BY ADVS.
SRI.JAISON JOSEPH
CRP.25/2019
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 58 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 73/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER
ENERGY DEVELOPMENT CO. LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P. O., RANNI, PATHANAMTHITTA - 689
HAVING ITS CORPORATE OFFICE AT 'EDCL HOUSE', 1A,
ELGIN ROAD, KOLKATA, WEST BENGAL - 700020 REPRESENTED
BY ITS AUTHORISED SIGNATORY, TOBY ANTONY
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM - 695 001
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM - 695 001
3 VENUGOPAL
S/O. NANU, PUTHENVEETTIL, KOTTAMONPARA P. O.,
KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE,
PIN - 689 663
BY ADVS.
SRI.JAISON JOSEPH
SRI.E.S.MOHAMED KABIR
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 62 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 64/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER
ENERGY DEVELOPMENT CO. LTD, ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA-689 663
HAVING ITS CORPORATE OFFICE AR EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS
AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM-689603
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM-689 603
3 MARIYAMMA JOSEPH @ KUNJUMOL JOSEPH
W/O. V.M. JOSEPH, PUTHEN VEEDU, SEETHATHODE P.O,
KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE,
PIN-689 663
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 40 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 72/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,
ENERGY DEVELOPMENT CO.LTD, ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O.RANNI, PATHANAMTHITTA-689 663
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, IA ELGIN
ROAD, KOLKATA , WEST BENGAL-700020,REPRESENTED BY ITS
AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB,VYDYUTHIBHAVAN,THIRUVANANTHAPURAM
2 THE KERALA STATE ELECTIRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB,VYDYUTHI
BHAVAN,THIRUVANANTHAPURAM
3 PRADEEP C.R,
CHAMPU PUTHEN VEEDU, UL LAMKAL KUMARAMPEROOR NORTH,
CHITTAR, SEETHATHODE VILLAGE, PIN 689 663.
BY ADV SRI.JAISON JOSEPH
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 119 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 88/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER,
ENERGY DEVELOPMENT CO. LTD, ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O, RANNI, PATHANAMTHITTA-689 663,
HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A, ELGIN
ROAD, KOLKATA, WEST BENGAL-700020, REPRESENTED BY ITS
AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY , KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
3 JAYAN
AGED 52 YEARS S/O. KRISHNAN, NATTIYATHU HOUSE,
KOTTAMONPARA P.O, CHITTAR, SEETHATHODE VILLAGE, PIN-
689 663
BY ADV SRI.JAISON JOSEPH
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 33 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 74/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER
ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA-689 663,
HAVING ITS CORPORATE OFFICE AND EDCL HOUSE, IA, ELGIN
ROAD, KOLKATTA, WEST BENGAL-700020 REPRESENTED BY ITS
AUTHORISED SIGNATORY, TOBY ANTONY
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KSEB,VYDYUTHIBHVAN, THIRUVANANTHAPURAM-695023
2 THE KERALA STATE ELECTRICITY BOARD,
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHIBHVAN,
THIRUVANANTHAPURAM-695023
3 N.SOMAN,
S/O. NANU, PUTHENVEETTIL, KOTTAMONPARA P.O.,
KUMARAPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE,
PIN-689 663
BY ADVS.
SRI.JAISON JOSEPH
SHRI.ESM.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
CRP NO. 27 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPELE 71/2012 OF ADDITIONAL
DISTRICT COURT& MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA,
PATHANAMTHITTA
REVISION PETITIONER/S:
THE PROJECT MANAGER
ENERGY DEVELOPMENT CO.LTD., ULLUMKAL HYDRO ELECTRIC
PROJECT, CHITTAR P.O., RANNI, PATHANAMTHITTA - 689
663, HAVING ITS CORPORATE OFFICE AT EDCL HOUSE, 1A,
ELGIN ROAD, KOLKATA, WEST BENGAL - 700020,
REPRESENTED BY ITS AUTHORISED SIGNATORY, TOBY ANTONY.
BY ADV K.SHAJ
RESPONDENT/S:
1 THE CHIEF ENGINEER
KSEB, VYDYUTHIBHAVAN, THIRUVANANTHAPURAM.
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, KSEB, VYDYUTHI BHAVAN,
THIRUVANANTHAPURAM.
3 KOSHY JOHNY
S/O.JOHNY, ULLUMKAL PUTHEN VEEDU, KOTTAMONPARA P.O.,
KUMARAMPEROOR NORTH, CHITTAR, SEETHATHODE VILLAGE,
PIN - 689 663.
BY ADVS.
SRI.JAISON JOSEPH
SRI.E.S.M.KABEER
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 01.09.2021, ALONG WITH CRP.25/2019 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP.25/2019
V.G.ARUN, J.
-----------------------------------------------
CRP.Nos.25, 8 , 26, 27, 28, 33, 36,
37, 40, 43, 46, 55, 58, 59, 62, 65,
73, 88, 98, 108, 119, 158, 159, 163,
167, 168, 169, 175, 183, 191, 192,
193, 196, 212, 271, 272, 275, 276,
277, 278 of 2019
and
200, 201, 202, 203, 247, 248, 297 & 329 of 2020
-----------------------------------------------
Dated this the 1st day of September, 2021
ORDER
These civil revision petitions arise out of four sets of common
orders by which the Additional District Court-I, Pathanamthitta decided
24 original petitions. The original petitions were filed by land owners,
seeking enhanced compensation for the loss sustained by them
consequent to the cutting down of their yielding and fruit bearing
trees and diminution of land value, due to the drawing of High Tension
electric line for the Ullunkal Project of the Energy Development
Company Ltd. (EDCL). At the request of the EDCL, the High Tension
electric line was drawn by the Kerala State Electricity Board (KSEB).
The petitioners being adjoining land owners having common
grievance, the original petitions were jointly tried in four batches and
the impugned awards passed. The reasoning and finding in the awards
are similar. The only difference is with respect to the number of trees
and the extent of land. Out of these 48 civil revision petitions, 24 are
CRP.25/2019
filed by the EDCL and 24 by the KSEB.
2. Heard Sri.Jaison Joseph, learned Counsel for the KSEB,
Sri.K.Shaj, learned counsel for EDCL and Sri.E.S.M.Kabeer, learned
counsel for the party respondents/original petitioners.
3. The common contentions urged by the counsel for the KSEB
and EDCL are as under;
In the original petitions, only the Chief Engineer, KSEB was
arrayed as a respondent. The KSEB and the Project Manager, EDCL
were made parties at a later stage. On behalf of the KSEB, its Standing
Counsel had contested the matter, whereas the EDCL was not
represented by a lawyer. In four original petitions, neither the KSEB
nor EDCL were not made parties.
4. The original petitions filed under the Indian Electricity Act,
1910 and the Electricity (Supply) Act, 1948 were not maintainable,
since those Acts were repealed and replaced by Electricity Act, 2003.
Hence, the court below committed an illegality in awarding
compensation under Section 51 of the Electricity Act, 1910 read with
Section 42 of the Electricity (Supply) Act, 1948 and Section 16 of the
Indian Telegraph Act, 1885. Under Section 51 of the Indian Electricity
Act, 1910 and Section 48 of the Electricity (Supply) Act, 1948, the
State Government was empowered to confer upon any officer,
licencee or other person engaged in the business of supplying energy
CRP.25/2019
to the public, the authority for placing electricity supply lines,
appliances and apparatus for the transmission of energy, upon which,
such officer, licencee or other person shall have the powers which the
telegraph authority possesses under the Indian Telegraph Act, 1885.
The power to place telegraph and to maintain lines and posts is
provided under Section 10 of the Indian Telegraph Act, 1885 and
Section 16(3) stipulates that disputes concerning sufficiency of the
compensation to be paid under Section 10 shall be determined by the
District Judge within whose jurisdiction the property is situated. In the
Electricity Act of 2003, there is no provision pari materia with Section
51 of the Indian Electricity Act, 1910 or Section 42 of the Electricity
(Supply) Act, 1948. On the contrary, Section 67(3) of the new Act
stipulates that the licencee shall, in exercise of powers conferred by or
under the Section and the Rules made there under, cause as little
damage, detriment and inconvenience and shall make full
compensation for any damage, detriment or inconvenience caused. As
per Section 67(4), any difference or dispute including amount of
compensation under Sub-section (3) shall be determined by the
Appropriate Commission. Section 2(4 defines 'Appropriate
Commission' as the Central Regulatory Commission referred to in
Section 76(1), or the State Regulatory Commission referred to in
Section 82 or the Joint Commission referred to in Section 83. Hence,
CRP.25/2019
after introduction of the Electricity Act, 2003 disputes regarding
compensation cannot be decided by the District Judge. Such disputes
can only be decided by the Appropriate Commission.
5. Alternatively, it is contended that even if, for the sake of
argument, it is accepted that the District Court is not denuded of its
jurisdiction, the award is liable to be set aside, since the compensation
is fixed based on conjectures and surmises. The KSEB had assessed
the value of the trees based on the market price of yields obtained
from the Department of Economic and Statistics. Instead of fixing the
compensation based on that data, the court below fixed the value of
the trees on its own. No documentary evidence to prove the market
value of similarly situated land was produced by the original
petitioners, in spite of which the court below fixed the centage value
and allowed diminution of 50% for the fully affected areas and 25% for
partly affected areas. There was no acceptable evidence to prove the
claim towards injurious affection and no mention about the
topography and locational features was made in the Advocate
Commissioner's report. The compensation ought to have been
determined in accordance with the directives in Airport Authority of
India v.Satyagopal Roy [(2002) 3 SCC 5270].
6. Learned counsel for the respondents contended that yielding
trees of the petitioners were cut and their properties were adversely
CRP.25/2019
affected by the drawing of the high tension line. The petitioners are
disabled from using their lands to its full potential and cannot erect
permanent structures beneath the High Tension lines. The land
owners are not paid just compensation even after ten years. Being
persons depending on agriculture for their livelihood, the land owners
are put to extreme hardship and loss due to the delay in disbursal of
compensation. The contention that the District Court does not have
jurisdiction and only the Appropriate Commission can decide the
disputes regarding compensation has no basis. The very same issue
was considered by the High Court of Madhya Pradeh in
W.P(C).No.7558 of 2021. Therein it is held that the common law right
to get compensation cannot be curtailed. The amount of
compensation has been reckoned in the manner prescribed in Airport
Authority of India (supra) and KSEB v. Livisha Viswantha [(2007)
6 SCC 792]. The KSEB as well as the EDCL were impleaded as
additional respondents in the original petitions and cannot therefore
assail the order on the ground of lack of opportunity for hearing.
7. A perusal of the impugned orders reveals that the EDCL was
neither represented by a lawyer nor set ex parte in the lower court. It
is settled law that the requisitioning authority has a right to be heard
in all proceedings pertaining to acquisition. In four original petitions,
the EDCL and KSEB were not even impleaded. Being so, I am inclined
CRP.25/2019
to remand these matters, so as to provide an opportunity to the
requisitioning authority to contest the cases on merits. As far as the
contention that the court below had not fixed the compensation in
strict adherence to the procedure prescribed in Airport Authority of
India, I deem it appropriate to extract the following paragraph from
the judgment;
"8. It is settled law that in evaluating the market value of
the acquired property, namely, land and building or the land with
fruit-bearing trees standing thereon, value of both is to be
determined not as separate units but as one unit. Therefore, it
would be open to the Land Acquisition Officer or the court, either
to assess the land with all its advantages and fix the market
value thereof on the basis of comparable sale instances. In cases
where comparable sale instances are not available and where
there is reliable and acceptable evidence on record of the annual
income, market value could be assessed and determined on the
basis of net annual income multiplied by appropriate multiplier
for its capitalization. In the case of fruit-bearing trees their net
yield is to be taken into consideration, that is to say, by
deducting expenses incurred for getting the yield and also the
value of the timber and expenses to cut and remove the trees
from the land. For capitalising the income, previously income
from the gilt-edged securities was the basis, but thereafter rate
of interest in the nationalized banks where deposits are quite
safe is taken into consideration as the proper basis. If the
interest rate in a nationalized bank or other safe investments, on
a long-term fixed deposit, say is 10%, and the yield from the
trees p.a. is Rs 5000, then for getting the said income, deposits
of Rs 50,000 would be required to be made. Hence, the value of
CRP.25/2019
the said trees along with the land can be safely assessed as Rs
50,000. In the present case, there is no question of acquiring the
land. The land remains with the claimants. The question is
limited with regard to payment of compensation for the
damages because of cutting of trees. With regard to fruit-bearing
trees, their lifespan including risk factor is also required to be
taken into consideration. Hence, yield of trees multiplied by an
appropriate multiplier for its capitalization after taking into
consideration all relevant factors would be the basis for
determining the compensation."
I also find merit in the contention that the determination of centage
value was made without taking into account comparable sale
instance.
In the result, the impugned orders are set aside and the original
petitions are remanded for fresh consideration. The court below shall
pass fresh orders on the original petitions, after affording opportunity
to the parties for adducing evidence. The original petitions being of
the year 2012, the court below shall take earnest efforts to dispose
the cases within an outer limit of six months from the date of receipt
of a copy of this order.
The civil revision petitions are disposed of as above.
Sd/-
V.G.ARUN, JUDGE
vgs
CRP.25/2019
APPENDIX OF CRP 200/2020
PETITIONER ANNEXURE
ANNEXURE A1 TRUE PHOTOCOPY OF THE OBJECTION FILED ON
BEHALF OF THE REVISION PETITIONERS IN
OP(ELE) 155 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT-1,
PATHANAMTHITTA.
ANNEXURE A2 TRUE PHOTOCOPY OF THE PETITION IN IA NO.1
OF 2020 FILED BY THE REVISION PETITIONERS
IN OP(ELE) 155 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT-1,
PATHANAMTHITTA.
ANNEXURE A3 TRUE PHOTOCOPY OF THE PETITION IN IA NO.2
OF 2020 FILED BY THE REVISION PETITIONERS
IN OP(ELE) 155 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT - 1,
PATHANAMTHITTA.
CRP.25/2019
APPENDIX OF CRP 202/2020
PETITIONER ANNEXURE
ANNEXURE A1 TRUE PHOTOCOPY OF THE OBJECTION FILED ON
BEHALF OF THE REVISION PETITIONERS IN
OP(ELE) 153 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT-1,
PATHANAMTHITTA.
ANNEXURE A2 TRUE PHOTOCOPY OF THE PETITION IN IA NO.1
OF 2020 FILED BY THE REVISION PETITIONERS
IN OP(ELE) 153 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT 1,
PATHANAMTHITTA.
ANNEXURE A3 TRUE PHOTOCOPY OF THE PETITION IN IA NO.2
OF 2020 FILED BY THE REVISION PETITIONERS
IN OP(ELE) 153 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT 1,
PATHANAMTHITTA.
CRP.25/2019
APPENDIX OF CRP 203/2020
PETITIONER ANNEXURE
ANNEXURE A1 TRUE PHOTOCOPY OF THE OBJECTION FILED ON
BEHALF OF THE REVISION PETITIONERS IN
O.P(ELE.)152 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT-1,PATHANAMTHITTA.
ANNEXURE A2 TRUE PHOTOCOPY OF THE PETITION IN I.A.NO.1
OF 2020 FILED BY THE REVISION PETITIONERS
IN O.P.(ELE.)152 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT-1,
PATHANAMTHITTA.
ANNEXURE A2 TRUE PHOTOCOPY OF THE PETITION IN I.A.NO.1
OF 2020 FILED BY THE REVISION PETITIONERS
IN O.P(ELE.)152 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT-1,
PATHANAMTHITTA.
ANNEXURE A3 TRUE PHOTOCOPY OF THE PETITION IN I.A.NO.2
OF 2020 FILED BY THE REVISION PETITIONERS
IN O.P(ELE.)152 OF 2013 ON THE FILE OF
ADDITIONAL DISTRICT COURT-1,
PATHANAMTHITTA.
CRP.25/2019
APPENDIX OF CRP 297/2020
PETITIONER ANNEXURE
ANNEXURE-A1 THE TRUE COPY OF THE CLAIM PETITION DATED
10.11.2013 FILED BY THE PETITIONER IN OP
(ELECTRICITY) 152/2013 BEFORE THE DISTRICT
COURT, PATHANAMTHITTA
CRP.25/2019
APPENDIX OF CRP 248/2020
PETITIONER ANNEXURE
ANNEXURE A1 THE TRUE COPY OF THE CLAIM PETITION DATED
7/11/2013 FILED BY THE PETITIONER IN OP
(ELECTRICITY) 153/2013 BEFORE THE DISTRICT
COURT, PATHANAMTHITTA.
