Allowed

The Travancore Devaswom Board v. the Deputy Director

Kerala HC8 Oct 2020DBP/45/2020

Case brief

AI extract

What is this about?

The Division Bench of the High Court of Kerala approved the estimate for constructing a new building for KSMDB College and sanctioned the award of the contract to Sri. V. Dileepkumar at a discount below the sanctioned rate, subject to obtaining necessary local authority clearances and subsequent auditing.

What did the court decide?

Approval granted to the estimate for construction and award of contract to Sri. V. Dileepkumar.

The Travancore Devaswom Board Vs the Deputy… — Public Procurement and Tenders | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶4

¶5

THE HONOURABLE MR. JUSTICE K.HARIPAL

¶6

THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942

¶7

DBP.No.45 OF 2020

¶8

PETITIONER:

¶9

THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS EXECUTIVE ENGINEER MAVELIKKARA

¶10

BY ADV. SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD

¶11

RESPONDENT:

¶12

THE DEPUTY DIRECTOR LOCAL FUND AUDIT THIRUVANANTHAPURAM

¶13

BY ADV. SRI.T.K. ANANDAKRISHNAN, GP BY ADV. SRI. P. RAMACHANDRAN, AMICUS CURIAE FOR OMBUDSMAN

¶14

THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 08.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DBP.No.45 OF 2020 2

ORDER

Ravikumar, J.

This DBP was registered based on the TDB Report No. 40/2020 in Petition No.8/2020. The aforementioned petition was filed before the learned Ombudsman by the Travancore Devaswom Board (for short, 'the TDB') seeking approval of estimate for constructing a new building for classroom for Kumbalathu Sankupillai Memorial Devaswom Board College, (for short, 'the KSMDB College') Sasthamcotta, Karunagappally as also for approval of the award of the contract work in respect of the said work.

¶19

The administrative sanction was given for the work as per Annexure II by the TDB. Going by the same, the approved estimate is for Rs.1,54,58,000/-. Annexure III would reveal that the TDB has also accorded sanction to allot the amount for the aforesaid work from the fund of KSMDB College, Karunagapally. Annexure IV is the technical sanction for the said work. After inviting e-tenders, the contract for the work was awarded in favour of one Sri. V. Dileepkumar, as evident from

¶20

DBP.No.45 OF 2020 3

¶21

Annexure V. It is in the said circumstances, for the approval of the estimate for the aforesaid amount, as also the award of the contract in favour of Sri. V. Dileepkumar at 5.010% below the sanctioned estimate rate, petition was filed by the TDB before the learned Ombudsman.

¶22

In TDB Report No. 40/2020, the learned Ombudsman observed that sanction may be granted subject to the condition that in case any sanction from the Local Authority is required for carrying out the work, necessary sanction/no objection should be obtained from the authority concerned.

¶23

Taking note of the aforesaid circumstances and

¶24

perusing the documents appended to the petition, we are of the view that approval as sought for can be granted. Accordingly, approval is granted to the estimate for construction of KSMDB College, Karunagapally and also for the award of contract for the said work to Sri. V. Dileepkumar. The materials on record would reveal that an amount of Rs.1,40,00,000/- is available in the fund of KSMDB College, Karunagapally. Now, it is evident that the work is awarded at 5.010% below the sanctioned estimate rate. Hence, if any amount is required for carrying out the

¶25

DBP.No.45 OF 2020 4

¶26

construction in excess of the said amount, the same can be spent from the College Development Fund of TDB, only after moving this Court appropriately. It is made clear that before effecting any construction, the requisite licenses/no objection from all the authorities concerned including the Local Self Government Institution shall be obtained. Needless to say that after carrying out the works, the accounts shall be submitted for appropriate auditing, in accordance with law.

¶27

The DBP No.45/2020 is disposed of.

Sd/-

C.T.RAVIKUMAR

JUDGE

Sd/-

K.HARIPAL

JUDGE

DCS

The Travancore Devaswom Board v. the Deputy Director

Case brief

What is this about?

What did the court decide?

The Travancore Devaswom Board v. the Deputy Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Suresh P.B. Vs the State of Kerala

P.M.Balakrishnan Vs the State of Kerala

H.G.Yuhanon Mar Policarpos Metropolitan Vs Anil Kumar M.T.

Binoy B.R Vs Soumya V.S

Ayisha Shinas Vs Union of India

The Travancore Devaswom Board Vs the Deputy Director