Kerala High Court
Kerala Water Authority vs Rajesh V.R on 25 September, 2025
2025:KER:71658
RP No.822 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 25TH DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947
RP NO. 822 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 12.04.2023 IN WP(C) NO.596
OF 2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
1 KERALA WATER AUTHORITY
JALA BHAVAN, NANDAVANAM, VELLAYAMBALAM,
THIRUVANANTHAPURAM , REPRESENTED BY ITS MANAGING
DIRECTOR., PIN - 695033
2 SUPERINTENDING ENGINEER
OFFICE OF THE SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, P.H. CIRCLE, MALAPARAMBA, KOZHIKODE., PIN -
673009
3 EXECUTIVE ENGINEER
P.H. DIVISION, KERALA WATER AUTHORITY, VATAKARA,
KOZHIKODE., PIN - 673101
4 ASSISTANT ENGINEER
SECTION, KERALA WATER AUTHORITY, PURAMERI, KOZHIKODE.,
PIN - 673503
BY ADV SRI.GEORGIE JOHNY
RESPONDENT/S:
RAJESH V.R
AGED 46 YEARS
S/O. RAGHAVAN NAIR, CONTRACTOR, VETTATH HOUSE,
KOODATHAI BAZAR P.O., THAMARASSERI, KOZHIKODE
DISTRICT., PIN - 673573
BY ADV SRI.K.V.SREE VINAYAKAN
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 25.09.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:71658
RP No.822 of 2024
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JUDGMENT
This review petition has been filed by the respondents in the writ petition, placing reliance on Annexure-A1, which has been countersigned by the writ petitioner. The dispute raised in the review petition pertains to the amount of ₹86,07,945/- (Rupees Eighty-Six Lakh Seven Thousand Nine Hundred and Forty-Five only), claimed as receivable by the writ petitioner towards the work executed by him.
2. When the writ petition was taken up for consideration on 12.04.2023, the learned standing counsel for the respondent/review petitioner produced a treasury reference order, indicating that the aforesaid amount had been credited to the treasury account. Recording the said submission, this Court closed the writ petition.
3. The case of the review petitioner/respondent is that, as per Annexure-A1, which bears the signature of the writ petitioner, the amount that was credited to the treasury account for payment to the writ petitioner was appropriated towards the liability of the writ petitioner to the Kerala Water Authority. This adjustment is specifically recorded in Annexure-A1 itself. Accordingly, since the Kerala Water Authority has already adjusted the said amount against the writ petitioner's outstanding liability, no further 2025:KER:71658 RP No.822 of 2024 3 amounts need to be disbursed to the writ petitioner. The review was filed in these circumstances.
4. However, on going through observations made in the judgment passed by this Court in the writ petition, it can be seen that, there is no order directing disbursal of the amount to the writ petitioner and the writ petition was closed, by recording the submission of the learned standing counsel for the review petitioner that the amount is credited in the treasury account. Therefore, I am of the view that, it is not necessary to review the order on the ground raised in this review petition, which itself is based on Annexure-A1 document.
Of course, the counsel appearing for the respondent/writ petitioner submitted that, the amount received in the treasury account could not have been appropriated by the respondents. However, I am of the view that, this is a matter which is beyond the scope of the review petition. It is for the writ petitioner to challenge the same in appropriate proceedings. Therefore, this review petition is dismissed.
Sd/-
ZIYAD RAHMAN A.A.
SM/25.09 JUDGE
2025:KER:71658
RP No.822 of 2024
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APPENDIX OF RP 822/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE BILL WITH NET AMOUNT OF RS.
NIL WAS DULLY ACCEPTED BY THE CONTRACTOR BY AFFIXING HIS SIGNATURE AND NAME ON PART III OF THE BILL DATED 25.06.2022.
Annexure A2 THE TRUE COPY OF THE SAID BILL WAS ENTERED IN BIMS SOFTWARE WITH TREASURY REFERENCE NO. TRN 22010 19900 01015 26926 DATED 28/03/2023 AND E-SUBMITTED