IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 RP.No. 891 of 2009(P) ----------------------------------- JUDGEMENT IN WPC.23873/2006 .................... REVIEW PETITIONER/PETITIONER: KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VAIDYUTHY BHAVAN, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SR. SRI.S.SUJIN RESPONDENTS/RESPONDENTS: 1. A.J.KURIAN, S/O.JOSEPH, ARACKAL HOUSE, KODANCHERY AMSOM, CHEMBUKADAVU DESOM, KOZHIKODE DISTRICT. 2. THE LAND ACQUISITION OFFICER & SPECIAL DEPUTY COLLECTOR LAND ACQUISITION (K.S.E.B), KOZHIKODE. ADV. SRI.THOMAS ANTONY FOR R1 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 10/02/2010 ALONG WITH RP NO.892 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. --------------------------------------- R.P.No.891/2009 in W.P.(C)No.23873/2006 R.P.No.892/2009 in W.P.(C)No.22429/2006 --------------------------------------- COMMON ORDER As per judgment dated 10.11.2006, W.P.(C)Nos. 23873/2006 and 22429/2006 were disposed recording that claimants are entitled to interest on solatium and Kerala State Electricity Board is liable to deposit the interest before the court. These petitions are filed to review the judgment contending that as per paragraph 54 of the decision of the Apex Court in Sunder v. Union of India ((2001) 7 SCC 211), when the award does not provide for payment of interest and interest is liable to be paid in view of the decision, the liability is to pay interest only from the date of the judgment in Sunder's case, i.e. from 19.9.2001 and therefore, petitioner is liable to deposit the interest only from 19.9.2001. RP 891&892/09 2 2. I do not find any reason to review the judgment as this question was not decided in the writ petitions. It is for the executing court to decide the correctness of the amount, as and when deposited. It is up to the petitioner to bring to the notice of the executing court the decision in Sunder's case (supra). Review Petitions are disposed. 10th February, 2010 (M.Sasidharan Nambiar, Judge) tkv The citation “Sunder v. Union of India [(2001) 7 SCC 2111]” occurring in the 8th & 9th lines in the 1st paragraph of the common order in R.P.891/2009 in WP(C) 23873/2006 & R.P.892/2009 in WP(C) 22429/2006 dated 10/02/2010 is corrected and substituted as “Gurpreet Singh v. Union of India [(2006) 8 SCC 457] and the words “Sunder's case” occurring in the 13th line of the 1st paragraph and 7th line of the 2nd paragraph of the common order are corrected and substituted as “Gurpreet Singh's case” vide order dated 16/03/2010 in I.A.119/2010 in R.P.891/2009 & in I.A.116/2010 in R.P.892/2009. Sd/- Registrar (Judicial)