IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 891 of 2009(P)
1. KERALA STATE ELECTRICITY BOARD,
... Petitioner
Vs
1. A.J.KURIAN,S/O.JOSEPH,ARACKAL HOUSE,
... Respondent
2. THE LAND ACQUISITION OFFICER & SPECIAL
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent :SRI.THOMAS ANTONY
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :10/02/2010
O R D E R
M.Sasidharan Nambiar, J.
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R.P.No.891/2009 in W.P.(C)No.23873/2006
R.P.No.892/2009 in W.P.(C)No.22429/2006
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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