Allowed

The Secretary, Cochin Devaswom Board v. Deputy Director, Local Fund Audit

Kerala HC12 Oct 2020DBP/44/2020

Case brief

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What is this about?

The Kerala High Court allowed the Cochin Devaswom Board's application for sanctioning a revised estimate of Rs.32 lakhs for constructing a retaining wall after the original structure collapsed due to rainwater erosion during construction.

What did the court decide?

Sanction granted for the revised estimate of Rs.32 lakhs to construct the retaining wall, with conditions for supervision and audit.

The Secretary, Cochin Devaswom Board Vs Deputy Director, Local Fund Audit — Kerala HC (2020) — LawSathi Research

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DBP.44/2020 :1:

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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 C.T.RAVIKUMAR

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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MONDAY, THE 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942

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DBP.No.44 OF 2020

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IN THE MATTER OF COCHIN DEVASWOM BOARD – CDB REPORT NO.36/2020 IN PETITION NO.2/2020-CONSTRUCTION OF RETAINING WALL OF THE TEMPLE POND AT MUDIKKODU SIVA TEMPLE, ASHOKESWARAM DEVASWOM – REVISED ESTIMATE OF RS.32,00,000/- - SANCTION REQUESTED FOR -SUO MOTU PROCEEDINGS INITIATED – REG.

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APPLICANT:

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THE SECRETARY, COCHIN DEVASWOM BOARD THRISSUR.

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BY ADV. K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD

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RESPONDENT/S:

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DEPUTY DIRECTOR, LOCAL FUND AUDIT COCHIN DEVASWOM AUDIT, THRISSUR-680001.

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BY GOVERNMENT PLEADER SRI.T.K.ANANDAKRISHNAN

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THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 12.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DBP.44/2020 :2:

ORDER

Ravikumar, J.

The captioned DBP was registered in the matter of construction of a retaining wall of the temple pond of Mudikkodu Siva Temple, Ashokeswaram Devaswom, based on the CDB Report No.36/2020 in Petition No.2/2020. In fact, in that matter originally an estimate was prepared for Rs.21 lakhs and the application seeking permission to construct the retaining wall and the entrance (Kavadam), as prayed for by the Devaswom at the aforesaid estimated amount, was allowed by this Court as per Annexure A1 order in DBP No.31/2018. While the said work was underway, on 25.04.2019, a part of retaining wall of the temple pond got collapsed due to the rushing down of rain water from the temple compound as also from the nearby areas, canals, etc. and consequential erosion of soil from the bottom of the retaining wall. In short, now it is necessary to maintain the pond by constructing the retaining wall. In that regard, a revised estimate for Rs.32 lakhs was prepared. It is for the purpose of getting approval for the revised estimate that the aforesaid DBP was filed.

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DBP.44/2020 :3:

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Having gone through the petition, as also the materials

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on record and the report of the learned Ombudsman, we are of the

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view that this application for sanction of the revised estimate can be allowed. Accordingly it is allowed. It is made clear that the entire sanctioned work shall be carried out in the presence of competent officers of the Maramath wing of the Cochin Devaswom Board. Further, on completion of the work the entire account shall be subjected to audit by the State Audit Department.

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The DBP is allowed as above.

Sd/-

C.T. RAVIKUMAR

JUDGE

Sd/-

K.HARIPAL JUDGE

okb/12.10.2020

//True copy// P.S. to Judge

The Secretary, Cochin Devaswom Board v. Deputy Director, Local Fund Audit

Case brief

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The Secretary, Cochin Devaswom Board v. Deputy Director, Local Fund Audit

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