Sajithabai vs The Kerala Water Authority
2024 Latest Caselaw 16008 Ker

Kerala High Court

Sajithabai vs The Kerala Water Authority on 7 June, 2024

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                    RP NO. 1285 OF 2023

    AGAINST THE JUDGMENT IN WP(C) NO.27817 OF 2023 OF
                  HIGH COURT OF KERALA




REVIEW PETITIONERS/PETITIONERS:

    1     SAJITHABAI
          AGED 51 YEARS
          ASSISTANT ENGINEER, KERALA WATER AUTHORITY, PH SECTION,
          VATANAPPALLY, THRISSUR DISTRICT, PIN - 680614

    2     ABDUL SATHAR. U,
          AGED 46 YEARS,
          ASSISTANT ENGINEER, KERALA WATER AUTHORITY,
          PH HEAD WORKS SECTION, ALUVA,
          ERNAKULAM DISTRICT, PIN - 683101

    3     JONA.T.J
          AGED 42 YEARS
          ASSISTANT ENGINEER, KERALA WATER AUTHORITY,
          WATER WORKS SECTION NO.2, THRISSUR, PIN - 680020

    4     SHAMNADH.A.
          AGED 50 YEARS
          ASSISTANT ENGINEER, KERALA WATER AUTHORITY,
          HEADQUARTERS SECTION, JALA BHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695033

          BY ADV P.C.SASIDHARAN


RESPONDENTS/RESPONDENTS:

    1     THE KERALA WATER AUTHORITY
          REPRESENTED BY ITS MANAGING DIRECTOR,
          JALA BHAVAN, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695033
                                  2
R.P.No.1285 of 2023




      2       THE MANAGING DIRECTOR,
              THE KERALA WATER AUTHORITY, JALA BHAVAN,
              VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033

      3       ANOOP.V.S
              ASSISTANT ENGINEER, (PEN - G44684),
              KERALA WATER AUTHORITY, WATER WORKS SECTION,
              VANDITHADAM, THIRUVALLAM, THIRUVANANTHAPURAM,
              RESIDING AT KADUKKAMOODE HOUSE, KANIYARAMCODE,
              PANACODE.P.O. NEDUMANGADU,
              THIRUVANANTHAPURAM., PIN - 695542

      4       BINDU.S
              ASSISTANT ENGINEER, KERALA WATER AUTHORITY,
              PIV-4 HEAD OFFICE, JALA BHAVAN,
              THIRUVANANTHAPURAM-695033, RESIDING AT FLAT 5B,
              HEERA GRACE, KOWADIAR,
              THIRUVANANTHAPURAM, PIN - 695003

              BY ADV P.M.JOHNY


OTHER PRESENT:

              SRI P M JOHNY, SC FOR KERALA WATER AUTHORITY
              SRI ELVIN PETER FOR PARTY RESP



     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                       3
R.P.No.1285 of 2023




                                  ORDER

The learned counsel appearing for the respondents submitted that

the appeal challenging the judgment rendered by this Court in W.P.(C)

No. 27817 of 2023 stands dismissed.

2. Furthermore, even on merits, I am satisfied that the

petitioner has not been able to substantiate that there has been an error

apparent on the face of the record. An error that is not self-evident and

has to be detected by a process of reasoning can hardly be said to be an

error apparent on the face of the record justifying this Court to exercise

its power of review. It is by now settled that a review is by no means an

appeal in disguise whereby an erroneous decision is reheard and

corrected, but only for a patent error.

Having considered the matter in all its perspectives, I find no

reason to entertain this Review Petition.

This Review Petition is dismissed.

sd/-

RAJA VIJAYARAGHAVAN V JUDGE

PS/7/6/24

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE GOVERNMENT ORDER G.O(P) NO.

1/2023/WRD DATED 27/1/2023