Allowed

Travancore Devaswom Board v. the Deputy Director of Local Fund Accoun

Kerala HC24 Jul 2009DBA/92/2009

Case brief

AI extract

What is this about?

The court ratified the completion of an emergency road widening project by the Travancore Devaswom Board, condoning the delay in prior approval due to urgency and constraining the larger interests of pilgrims.

What did the court decide?

The court condoned the completion of the work without prior approval as a special case and ratified the action subject to audit by the Local Fund.

Travancore Devaswom Board Vs the Deputy Director of Local Fund Accoun — Kerala HC (2009) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN

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FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931

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DBA.No. 92 of 2009()

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IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – GENEAL ADMINISTRATION – IN THE MATTER OF IMPLEMENTATION OF THE MASTER PLAN – WIDENING THE WAY OUT ROAD FROM THE MARAMATH OFFCE JUNCTION TO THE PWD ROAD – (HOTEL) JUNCTION AT NILACKAL.

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PETITIONER(S):

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TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-3.

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BY ADV. SRI.V.KRISHNA MENON

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RESPONDENT(S):

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THE DEPUTY DIRECTOR OF LOCAL FUND ACCOUNTS, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-3.

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SR. GOVT. PLEDER SRI. R. LAKSHMI NARAYAN.

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THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.R. RAMAN & P. BHAVADASAN, JJ.

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- - - - D.B.A. No. 92 of 2009

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- - - - Dated this the 24th day of July, 2009.

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ORDER

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Raman, J,

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In anticipation of the sanction of the Board and this

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court, Chief Engineer invited tenders owing to the urgency of

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the work. The tender was finalized in favour of one Sri.Kalesh and the same was put to execution before the season started. Subsequently, the Board gave sanction subject to the approval of this court. It is submitted that the necessary application could not be filed in time due to the urgency of the matter and the contractor's bill is not paid.

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Since the work is already completed, and the Board had already granted sanction, as a special case we condone the action of completing the work without prior approval. However, the same shall not be repeated. Even the

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case of an emergent matter could be brought to the notice of the Ombudsman and the matter could be moved before this

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DBA.92/2009. 2

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court. However, this is concerning the widening of the road, there

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cannot be any dispute that the work was necessitated out of circumstances and in the larger interests of pilgrims. Subject to Audit by Local fund, action ratified.

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P.R. Raman, Judge

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P. Bhavadasan, Judge

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sb.

Travancore Devaswom Board v. the Deputy Director of Local Fund Accoun

Case brief

What is this about?

What did the court decide?

Travancore Devaswom Board v. the Deputy Director of Local Fund Accoun

Case brief

What is this about?

What did the court decide?

What the court decided

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