P.K Sivadas vs Kerala Water Authority
2024 Latest Caselaw 27514 Ker

Kerala High Court

P.K Sivadas vs Kerala Water Authority on 11 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                           RP NO. 893 OF 2024

        AGAINST THE JUDGMENT DATED 09.02.2024 IN WP(C) NO.3234 OF

2024 OF HIGH COURT OF KERALA

REVIEW PETITIONER/PETITIONER:

            P.K SIVADAS
            AGED 62 YEARS
            S/O VELANKUTTY VAIDYER, PLACHIKKATTIL HOUSE, KULAKKAD
            P.O PALAKKAD DISTRICT -, PIN - 679503


            BY ADVS.
            ANIL GEORGE
            JOBY JACOB PULICKEKUDY
            SMITHA PHILIPOSE
            ASHIK TOM
            ALEX KEVIN GEORGE
            AAKHIL MOHAMMED.P.M




RESPONDENTS/RESPONDENTS:

    1       KERALA WATER AUTHORITY
            REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
            THIRUVANANTHAPURAM-, PIN - 695033

    2       THE CHIEF ENGINEER
            OFFICE OF THE CHIEF ENGINEER, NOTH REGION, KERALA WATER
            AUTHORITY KOZHIKODE-, PIN - 695101

    3       THE SUPERINTENDING ENGINEER
            OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER
            AUTHORITY PUBLIC HEALTH CIRCLE, KALAMANDAPAM,
            PALAKKAD-, PIN - 695101

    4       EXECUTIVE ENGINEER
            PUBLIC HEALTH DIVISION KERALA WATER AUTHORITY, SHORNUR
            PALAKKAD, PIN - 679121
                                                            2024:KER:72379
RP NO. 893 OF 2024

                                   2



    5       DEPUTY CHIEF ENGINEER
            VIGILANCE, KERALA WATER AUTHORITY JALABHAVAN,
            THIRUVANANTHAPURAM-, PIN - 695033

    6       THE ADDITIONAL CHIEF SECRETARY
            WATER RESOURCE DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-, PIN - 695001



     THIS   REVIEW   PETITION   HAVING   COME   UP   FOR   ADMISSION   ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2024:KER:72379
RP NO. 893 OF 2024

                                   3


                           O R D E R

This petition seeking review of the

judgment of this Court has been impelled by the

writ petitioner, saying that the competent

Authority to take final action is the 6th

respondent - Additional Chief Secretary and not

the Managing Director of the Kerala Water

Authority.

2. The afore submission of Sri.Anil

George - learned counsel for the petitioner, is

acceded to Sri.Georgie Johny - learned counsel

for the Water Authority as also Sri.P.M.Shameer

- learned Government Pleader for the Additional

Chief Secretary.

In the afore circumstances, I allow this

Review Petition, modifying the judgment to the

limited extent of clarifying that the

directions therein shall be complied with by 2024:KER:72379 RP NO. 893 OF 2024

the Additional Chief Secretary, within a period

of three months from the date of receipt of a

copy of this judgment.

I also record the submission of

Sri.Georgie Johny that Kerala Water Authority,

in fact, made its recommendation before the

Government and that it is pending before the

Additional Chief Secretary for appropriate

orders. He added that to his information, the

latter Authorities have already initiated

appropriate proceedings. This is recorded.

Sd/-

DEVAN RAMACHANDRAN JUDGE

SAS 2024:KER:72379 RP NO. 893 OF 2024

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF JUDGEMENT DATED 09.02.2024 IN WP (C) NO 3234/ 2024 BEFORE THE HON'BLE HIGH COURT