Recovery actions for arrears must comply with a 3-year limitation period as stipulated in the Limitation Act, failing which such actions are barred.

JUDGMENT Sushrut Arvind Dharmadhikari, J.

This intra-court appeal filed under Section 5 of the Kerala High Court Act, 1958 assails the judgment dated 15.07.2019 passed in WP(C) No.39231/2018 which raises the common questions for consideration, whereby the learned Single Judge, while considering the common questions involved in the case, had allowed the Writ Petitions and the recovery action initiated against the respondents/petitioners were quashed.

2. The other identically connected matters were decided by this Court vide judgment dated 07.10.2025 passed in WA Nos.100/2020, 216/2020, 220/2020, 222/2020, 340/2020, 381/2020 and 416/2020 by a common order. The issue involved in this appeal is that respondent No.1 is a consumer of Kerala Water Authority against whom separate and independent Revenue Recovery (RR) notices have been issued at the instance of the KWA purportedly towards recovering the arrears of water charges and outstanding dues. The respondent had filed the respective Writ Petition challenging the RR action initiated at the instance of KWA towards recovery of alleged dues, inter alia, contending that the same are hit by limitation and hence, not maintainable. The learned Single Judge has set aside the respective RR notices holding that the requisition has been hopelessly barred by limitation. Aggrieved by the same, the KWA has filed this Writ Appeal.

3. While deciding the identical appeals, this Court had come to the conclusion that it is trite that any recovery proceedings initiated towards realization of outstanding dues to KWA have to be done in 3 years period stipulated under the Limitiation Act, 1963. Such a claim is one for recovery of money. The operative porition of the order is reproduced below.

“7. We have heard both sides in detail and have considered the respective contentions put forth. It is trite that any recovery proceedings initiated towards realisation of outstanding dues to the KWA have to be done within the three year period stipulated under the Limitation Act, 1963 , since such a claim is one for recovery of money. As regards the contention put forth by the KWA based on Section 36 of the Kerala Water Supply and Sewerage Act, 1986 , we note that even if the said Section permits the recovery of amounts due to the KWA as arrears of land revenue, the same can only be a mode of recovery and as regards a bar by limitation, recovery proceedings cannot be continued under the provisions of the RR Act. As regards the recovery of any amount due as per Article 113 of the Limitation Act, only a period of 3 years is provided when the right to sue arises. If no steps are taken by the KWA to recover the amounts under the RR Act within the said period of 3 years, as contemplated in Section 69 (2) of the RR Act, then the recovery would be clearly hit by the bar of limitation. In the cases at hand, the requisitions made by the KWA are, by and large, barred by limitation. Nothing has been produced before us to prove the contrary. We see no reason to interfere with the conclusions arrived at by the learned Single Judge. It has been contended before us by the counsel for the KWA that at least in some of the cases, the recovery action initiated had been well within the period of three years and to that extent, such claims could not be termed as barred by limitation and hence the en bloc quashing of all recovery action by the learned Single Judge, in the impugned judgment, was erroneous. We do not find any specific pleading raised or ground taken in the said respect in any of the Writ Appeals filed by the KWA. We, however, note that what has been declared as barred/ prohibited are the RR actions initiated for recovering amounts that are beyond the period of limitat