Kerala Water Authority vs Gopalakrishna Pillai K.R
2021 Latest Caselaw 15763 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                      RP NO. 493 OF 2021
  AGAINST THE JUDGMENT IN WP(C) 26612/2020 OF HIGH COURT OF
                      KERALA, ERNAKULAM
REVIEW PETITIONERS:

    1     KERALA WATER AUTHORITY,
          REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
          VELLAYAMBALAM P.O., THIRUVANANTHAPURAM-695 033.

    2     MANAGING DIRECTOR,
          KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM
          P.O., THIRUVANANTHAPURAM-695 033.

    3     CHIEF ENGINEER (HRD AND GI),
          KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM
          P.O., THIRUVANANTHAPURAM-695 033.

    4     FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER,
          OFFICE OF THE MANAGING DIRECTOR, KERALA WATER
          AUTHORITY, FINANCE WING, JALA BHAVAN, VELLAYAMBALAM
          P.O., THIRUVANANTHAPURAM-695 033.

    5     EXECUTIVE ENGINEER INVESTIGATION PLANNING AND
          DESIGN DIVISION,
          KERALA WATER AUTHORITY, KOCHI-682 018.

    6     ASSISTANT EXECUTIVE ENGINEER INVESTIGATION PLANNING
          AND DESIGN SUB DIVISION,
          KERALA WATER AUTHORITY, KOCHI-682 018.

          BY ADV SMT.MARY BENJAMIN, KSCSCST



RESPONDENTS:

    1     GOPALAKRISHNA PILLAI K.R.,
          AGED 63 YEARS
          S/O. THE LATE RAMAKRISHNA PILLAI, ASSISTANT
          ENGINEER, (RETIRED), I INVESTIGATION PLANNING AND
          DESIGN SECTION III, KERALA WATER AUTHORITY,
          CEMETARY JUNCTION, KOCHI, RESIDING AT KIZHAKKAYIL
          HOUSE, KOLAPRA, KUDAYATHOOR P.O., THODUPUZHA,
 RP NO. 493 OF 2021                2

         IDUKKI DISTRICT-685 590.

    2    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY, WATER RESOURCES
         (WATER SUPPLY -B) DEPARTMENT, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM-695 001.




         SRI. SUNIL KUMAR KURIAKOSE - GP




     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
30.07.2021,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 RP NO. 493 OF 2021               3

                             ORDER

This petition for review has been filed seeking

that the direction in the judgment, to pay interest

at the rate of 9% on the amount of DCRG payable to

the writ petitioner, be vacated and the petitioners

assert that the delay in payment of the same has

been occurred solely on account of the COVID-19

pandemic restrictions.

2. Smt.Mary Benjamin, learned counsel

appearing for the review petitioners, submitted

that reliefs were granted to the writ petitioner

based on a Full Bench decision of this Court in

Chandran v. Local Self Government Department [2020

(5) KLT 669 (FB)], but that this judgment has been

now stayed by the Hon'ble Supreme Court; however,

adding that, in the meanwhile, the Water Authority

has paid eligible DCRG to the writ petitioner and

does not intend to recover the same, in any manner,

whatsoever in deference to the orders of this

Court. She, therefore, reiteratingly prayed that

the order for interest be vacated.

3. I find substantial force in the

submissions of Smt.Mary Benjamin and am, therefore,

of the view that since the full amount of DCRG has

already been paid to the writ petitioner by the

review petitioners, the direction to pay interest

for the delay would not be now necessary.

In the afore circumstances, I review the

judgment dated 14.12.2020 to the limited extent of

vacating the order to pay interest at the rate of

9% per annum.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/4.8

APPENDIX OF RP 493/2021

PETITIONER ANNEXURE

Annexure R1(A) TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 12.07.2021.