RAY - (1.) THIS appeal is by special leave from the judgment dated 3/06/1974 of the High Court of Kerala.
(2.) THE respondent filed a petition under Sections 10 and 16 (5) of the Indian Telegraph Act 1885 read with Section 51 of the Indian Electricity Act 1910 claiming compensation against the appellant. The Kerala State Electricity Board is constituted under Section 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 Rupees 1619.90. On 10/03/1972 the respondent filed a petition before the District Judge, Tellicherry under Section 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 Article 137 of the Limitation Act, 1963. The Board contended that the notice intimating the fixing of the compensation was served on 4/03/1969 and therefore the petition was barred by time. The respondent contended that Article 137 of the 1963 Limitation Act did not apply to applications to the District Judge under the Indian Telegraph Act. The District Judge held that the application was governed by Article 137 of the 1963 Limitation Act, and, therefore, the petition was filed beyond three years and was barred by time.
(3.) THE respondent filed revision petitions to the High Court of Kerala. THE respondent also applied for condonation of delay in filing the revision petitions in the High Court. THE High Court condoned the delay in filing the petitions. THE High Court in view of the decision of the High Court in Kerala State Electricity Board v. Parvathi Amma, ILR (1973) 2 Ker 524 = (AIR 1974 Ker 202) set aside the order of the District Judge and remitted the matter back to the court for disposal in accordance with law. The provision contained in Article 137 of the Limitation Act 1963 is as follows:- JUDGEMENT_634_4_1976Html1.htm ;