IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 RP.No. 1229 of 2009(A) --------------------- AGAINST THE JUDGEMENT/ORDER IN LAA.33/1995 Dated 24/06/1999 LAR.136/1990 of SUB COURT, THIRUVALLA .................... REVIEW PETITIONER(S): ---------------------- 1. EBBY K. ABRAHAM, KAIPURAIDOM, MALLAPPALLY, EAST (PO), PIN-689 584. 2. MATHEW K. ABRAHAM, KAIPURAIDOM, MALLAPPALLY, EAST (PO), PIN-689 584. 3. ELIZABETH KURIAN, KAIPURAIDOM, MALLAPPALLY, EAST (PO), PIN-689 584. BY ADVS. MR. DEVAN RAMACHANDRAN MS. T.G.SEETHAL RESPONDENT(S): --------------- 1. STATE OF KERALA 2. ABRAHAM ABRAHAM, KAIPURAYIDATHIL, MUTTTATHUMON MURI, MALLAPPALLY (DIED) 3. KERALA STATE ELECTRICITY BOARD, REPRENTED BY THE CHIEF SECRETARY TO GOVT., THIRUVANANTHAPURAM. SENIOR GOVT.PLEADER MS.LATHA T.THANKAPPAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- R.P.No.1229 of 2009 in L.A.A. No.33 of 1995 ---------------------------------- Dated this the 17th day of February, 2010 O R D E R -------------- Pius C.Kuriakose,J. Learned senior Government Pleader Smt. Latha T. Thankappan draws our attention to the judgment of the Hon'ble Supreme Court in Gurpreeth Singh v. Union of India (2006(8) SCC 457) and submits that interest on solatium based on the judgment of Constitution Bench in Sundar's case cannot be claimed in matters where executions have been closed. So also, she submits that even in cases where executions are pending, the claim can be with effect from 19.9.2001, the date of judgment of the Constitution Bench. We notice merit in the submission. The review petitioners do not have a case that execution petition is pending. Thus it has to be taken that the execution proceedings remain closed. If that be so, the judgment of the Constitution Bench in Gurpreeth Singh's case will have to be followed. Review Petition accordingly will stand dismissed. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb