The Kerala Water Authority vs Tbml (P) Ltd
2023 Latest Caselaw 12892 Ker

Kerala High Court

The Kerala Water Authority vs Tbml (P) Ltd on 8 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                        RP NO. 1016 OF 2023
AGAINST THE ORDER/JUDGMENT WP(C) 10221/2023 OF HIGH COURT OF
                               KERALA
REVIEW PETITIONER/RESPONDENTS NO.1 TO 3:

    1        THE KERALA WATER AUTHORITY
             JALABHAVAN, NANDAVANAM, VELLAYAMBALAM,
             THIRUVANANTHAPURAM, PIN - 695033
             REPRESENTED BY ITS MANAGING DIRECTOR
    2        THE SUPERINTENDING ENGINEER
             O/O THE SUPERINTENDING ENGINEER
             KERALA WATER AUTHORITY, PH CIRCLE (KANNUR),
             KANNOOKARA. P.O., KANNUR, PIN - 670012
    3        THE EXECUTIVE ENGINEER
             O/O THE EXECUTIVE ENGINEER
             KERALA WATER AUTHORITY, W S DIVISION,
             TALIPARAMBA, TALIPARAMBA. P.O.,
             KANNUR., PIN - 670141
             BY ADV.
             SRI.GEORGIE JOHNY

RESPONDENT/WRIT PETITIONER:

             TBML (P) LTD
             REPRESENTED BY ITS MANAGING DIRECTOR,
             NO. 50/964, MANIMALA ROAD, EDAPPALLY.P.O.,
             COCHIN, PIN - 682024
             BY ADV.
             SRI.P.SHANES METHAR



     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
08.12.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 RP No. 1016 of 2023 in W.P.(C).No.10221 of 2023
                                             :2:




                                        ORDER

This petition, seeking review of the judgment of this Court dated

04.04.2023, has been filed by the petitioners on the ground that even

though they are liable to make payment to the writ petitioner, they

have to obtain the funds from the Government of Kerala, since it is

the funding agency.

2. I am afraid that this Court cannot enter into the merits of the

afore contentions of the petitioners, as argued by their learned

Standing Counsel - Sri.Georgie Johny, because, when they admitted

before this Court, as reflected in the judgment sought to be reviewed,

that the bills have been certified by the competent Authority of the

Kerala Water Authority and are to be honoured by them, how they do

so, is their lookout. If they are to obtain the money from the

Government, it is for them to have followed it up with its competent

Authority and this Court wonders why a review of this nature now

impelled, has been preferred.

In the afore circumstances, leaving all liberties open to the

Kerala Water Authority to take up the matter with the Government of

Kerala as may be warranted, this Review Petition is closed.

Sd/-

DEVAN RAMACHANDRAN, JUDGE anm RP No. 1016 of 2023 in W.P.(C).No.10221 of 2023

RESPONDENT ANNEXURES Annexure-R1(b) A TRUE COPY OF THE BALANCE CONFIRMATION STATEMENT ISSUED BY THE FEDERAL BANK LTD DATED 04.10.2023 Annexure-R1(a) A TRUE COPY OF THE LETTER DATED 10.10.2023 (RECEIVED THROUGH E-MAIL)