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1976 Supreme(Ker) 184

A.N.RAY, BEG, SHINGHAL
KSEB – Appellant
Versus
T. P. K – Respondent


Judgment :-

1. This appeal is by social leave from the judgment dated 3rd June, 1974 of the High Court of Kerala.

2. The respondent filed a petition under S.10 and 16(5) of the Indian Telegraph Act 1885 read with S.51 of the Indian Electricity Act 1910 claiming compensation against the appellant.

3. The Kerala State Electricity Board is constituted under S.5 of the Indian Electricity Supply Act, 1948. The Board cut and removed some trees standing on the property of the respondent for the purpose of laying electric line from Calicut to Cannanore. The Board assessed the compensation at Rs. 1619-90.

4. On 10th March, 1972 the respondent filed a petition before the District Judge, Tellicherry under S.16(3) of the Indian Telegraph Act 1885 claiming an enhanced compensation of Rs 19,367.60. The Board raised several objections. One of the objections was that the petition was barred by time under Art.137 of the Limitation Act, 1963. The Board contended that the notice intimating the fixing of the compensation was served on 4th March, 1969 and therefore the petition was barred by time. The respondent contended that Art.137 of the 1963 Limitation Act did not apply to applications to the Distric



















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