A.R.S. Vadhyar vs The Kerala State Electricity Board and Others

P.R. Ramachandra Menon, J.—The petitioner has approached this Court seeking for issuance of a Writ of Mandamus directing the respondent to assess compensation payable to the petitioner u/s 10(d) of Indian Telegraph Act, consequent to the installation of tower and drawal of 110 KV electric lines through the petitioner''s property comprised in survey Nos. 547/1, 547/2 and 547/4 of Ollur village and to disburse the compensation as expeditiously as possible

The learned Counsel for the petitioner submits that, despite satisfying all the requirements by furnishing the relevant documents, the respondents have not chosen to disburse the compensation to the petitioner so far, stating some or other untenable reason, which made the petitioner to approach this Court by filing this Writ Petition.

The respondents are stated as insisting for, production of ''up to date'' possession certificate. The possession was very much there, when the electric lines were drawn and thereafter, the petitioner constructed several ''Villas'' in the property and the properties and buildings have been sold to the prospective customers. This being the position, as on date, possession certificate is not liable or likely to be procured by the petitioner, submits the learned Counsel for the petitioner.

The learned standing counsel appearing for the respondent Board submits, with reference to the statement filed before this Court, that the delay in disbursing the compensation was only due to the failure of the part of the petitioner. It is stated that Ext. P7 possession certificate was issued for producing before the ''Catholic Syrian Bank'' and hence not acceptable to the respondents.

It is stated in paragraph 6 of the counter affidavit that the documents required to have computed and disbursed compensation are:

i. ''Sketch'' of the land from the revenue authority

ii. ''Possession certificate'' of the land at the time "tower erection (which is contradictory to stand now taken insisting for ''up to date'' possession certificate).

iii. ''Certified copy of Deed'' of that time and

iv. ''Land value certificate'' in the area from revenue authorities.

The learned Counsel for the petitioner brought it to the notice of this Court that the possession certificate as on the date of erection has already furnished to the respondents as borne by Ext. P1. This being the position, why differences of opinion is expressed with reference to Ext.P7 certificate is not known.

In any view of the matter, the learned Counsel for the petitioner submits that, the originals as mentioned in paragraph 6 of the statement will be furnished by the petitioner forthwith. The learned standing counsel for the respondents submits that, the proceedings will be finalized and compensation will be disbursed within the shortest possible time. In the said circumstances, the petitioner is directed to furnish the remaining documents if any, within one month from the date of receipt of a copy of this judgment and on receipt of such documents, the compensation payable to the petitioner shall be worked out and caused to be disbursed to the petitioner, as expeditiously as possible, at any rate, within a period of two months thereafter.

The Writ Petition is disposed of