Citation : 2023 Latest Caselaw 1982 Ker
Judgement Date : 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
RP NO. 1299 OF 2022
WP(C) 22882/2015 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER IN WPC
V.P ABDUL AZEEZ, AGED 66 YEARS, S/O
PAREEDKUTTY,VADAPPILLY HOUSE, AMBATTUKAVU
ALUVA, PIN - 683106
BY ADVS.
RANJITH VARGHESE
RAHUL VARGHESE
SANTHA VARGHESE
RESPONDENTS/RESPONDENTS IN WPC
1 KERALA WATER AUTHORITY
REPRESENTED BY THE MANAGING DIRECTOR, JALA
BHAVAN, THIRUVANANTHAPURAM -, PIN - 695033
2 THE CHIEF ENGINEER (CR)
KERALA WATER AUTHORITY KOCHI, PIN - 682011
3 THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY, P.H. CIRCLE, KOCHI,
PIN - 682011
4 THE EXECUTIVE ENGINEER
PROJECT DIVISION, KERALA WATER AUTHORITY,
PERUMBAVOOR, PIN - 683542
5 GOSHREE ISLANDS DEVELOPMENT AUTHORITY (GIDA),
REPRESENTED BY THE DISTRICT COLLECTOR AND
SECRETARY,9TH FLOOR, REVENUE TOWER, PARK
AVENUE, KOCHI ., PIN - 682011
BY ADV Varghese K Paul
RP.1299/2022
2
OTHER PRESENT:
SC: SRI P M JOHNY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP.1299/2022
3
MOHAMMED NIAS C.P, J.
------------------------------------
R.P.1299 of 2022 in W.P(C).22882 of 2015
--------------------------------------------------
Dated : 3rd February, 2023
ORDER
This Review Petition is filed seeking review of the judgment
dated 25.11.2022 stating that a mistake has crept in the
judgment on account of the mistake on the part of the
representing counsel, who made an erroneous submission that
the work was completed by the petitioner. The review petitioner
now states that the work has been completed by a third person.
In such circumstances, the judgment is reviewed to the said
extent of modifying paragraph No.3 as follows :
2. The petitioner submits that the subject work has been
completed in re-arrangement by a third person after the
termination of the contract with the petitioner.
The Review petition is hence allowed without prejudice to
the right of the petitioner to move the authorities in case there is
any subsisting grievance either about the settlement of accounts
or about the amounts payable.
Sd/-
MOHAMMED NIAS C.P., JUDGE Mrcs RP.1299/2022
APPENDIX OF RP 1299/2022
ANNEXURES Annexure 1 AFFIDAVIT
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