IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 3^RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946 AS NO. 688 OF 2000 AGAINST THE JUDGMENT AND DECREE DATED 14.01.2000 IN OS NO.107 OF 1994 OF SUB COURT, THODUPUZHA APPELLANT/DEFENDANTS 1 TO 4:

1 KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM, PATTOM. THIRUVANANTHAPURAM-4

2 THE CHIEF ENGINEER (CIVIL)

K.S.E.BOARD, LOWER PERIYAR PROJECT, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM -4

3 THE EXECUTIVE ENGINEER , K.S.E.BOARD, LOWER PERIYAR PROJECT CIRCLE, VAZHATHOPE, IDUKKI DISTRICT.

4 THE PROJECT MANAGER, LOWER PERIYAR HYDRO ELECTRIC PROJECT, VAZHATHOPE, IDUKKI COLONY P.O.

BY ADVS.

SHRI.B.PREMOD, SC, KERALA STATE ELECTRICITY BOARD P.SANTHALINGAM (SR.)

SRI.R.K.VENU NAYAR, SC, KSEB RESPONDENTS/PLAINTIFF & 5TH DEFENDANT:

*1 PAILY (DIED)

S/O.OUSEPH ANJILIKUZHIYIL HOUSE, THATTEKANNI KARA, KANJIKUZHY VILLAGE, THODUPUZHA TALUK.

2 THE MANAGER, HINDUSTAN CONSTRUCTION COMPANY LTD. AUDIT NO.III THATTEKANNI P.O., IDUKKI DISTRICT.

*3 ADDL.R3 JOLLY PAILY ANJUILIKUZHIYIL HOUSE, THATTEKANNI KARA, KANJIKUZHI VILLAGE, THODUPUZHA TAUK, PIN – 685 606.

[ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS THE LEGAL HEIR OF DECEASED 1ST RESPONDENT IN I.A. NO. 2/2023 VIDE ORDER DATED 04/10/2023].

BY ADV ESM.KABEER THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 03.09.2024, ALONG WITH AS.59/2001, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 3^RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946 AS NO. 59 OF 2001 AGAINST THE JUDGMENT AND DECREE DATED 14.01.2000 IN OS NO.117 OF 1994 OF SUB COURT, THODUPUZHA APPELLANTS/DEFENDANTS:

1 THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM,PATTOM,THIRUVANANTHAPURAM - 4, PIN – 695 004

2 THE CHIEF ENGINEER (CIVIL)

LOWER PERIYAR PROJECT, VAIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-4., PIN – 695 004

3 THE EXECUTIVE ENGINEER K.S.E.BOARD, LOWER PERIYAR PROJECT CIRCLE, VAZHATHOPPE, IDUKKI DISTRICT.

4 THE PROJECT MANAGER, LOWER PERIYAR HYDRO ELECTRIC PROJECT, VAZHATHOPPE, IDUKKI COLONY P.O.

BY ADVS.

SHRI.T.G.RAJENDRAN SC FOR K.S.E.B.

SRI.P.SANTHALINGAM, SC, KSEB SRI.S.SHARAN,SC,K.S.E.BOARD P.SANTHALINGAM (SR.)

SRI.A.SUDHI VASUDEVAN, SC, KSEB SHRI.B.PREMOD, SC, KERALA STATE ELECTRICITY BOARD RESPONDENTS/PLAINTIFF & 5TH DEFENDANT:

1 JOLLY S/O PAILY, ANJILIKUZHIYIL HOUSE, THATTEKKANNI KARA, KANJIKUZHY VILLAGE, THODUPUZHA TALUK.

2 THE MANAGER, HINDUSTAN CONSTRUCTION COMPANY LTD.

HINDUSTAN CONSTRUCTION COMPANY LTD, AUDIT NO.III, THATTEKKANNI P.O., IDUKKI DISTRICT.

BY ADV SHRI.ESM.KABEER THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 03.09.2024, ALONG WITH AS.688/2000, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAVI.J -------------------------------------------------------

AS Nos.688 of 2000 & 59 of 2001 --------------------------------------------------------

Dated this the 03^rd day of September, 2024 JUDGMENT These two appeals are preferred by the defendants in a suit for compensation for damages caused to their property. The plaintiffs in the suit are father and son respectively. The suit is filed on the allegation that the plaintiffs are owners of lands which are in their exclusive possession and the properties are well improved and planted with high yielding varieties of rubber, pepper vine, cocoa, coconut and arecanut trees. It is further stated that the seasonal crops such as pineapple, plantain, ginger, etc. were also planted in the property. A residential building is also present in the property belonging to the plaintiff in OS No. 107/1994. According to the plaintiffs, the defendants 2, 3 and 4 who are the Kerala State Electricity Board and its officers had undertaken the lower Periyar Project and the 5^th defended was a licensed contractor of the 1^st defendant. Construction of the tunnel and other works were being carried on for which rocks were blasted. According to the plaintiffs, large