The High Court sanctioned a DBP by the Travancore Devaswom Board seeking approval to renovate a temple pond using Devaswom funds after the Ombudsman recommended the proposal based on a tender finalized above the estimate.
Sanction granted for the renovation work of the temple pond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942
DBP.No.57 OF 2020
PETITIONER:
THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY EXECUTIVE ENGINEER, NANTHENCODE, THIRUVANANTHAPURAM - 3
BY ADV. SRI. G. BIJU, SC, TRAVANCORE DEVASWOM BOARD
RESPONDENT:
THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, THIRUVANANTHAPURAM BY ADV. SRI.T.K. ANANDAKRISHNAN, GP BY ADV. SRI. P. RAMACHANDRAN, AMICUS CURIAE FOR OMBUDSMAN
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DBP.No.57 OF 2020 2
ORDER
Ravikumar, J.
This DBP arises from TDB Report No. 46/2020 in a Maramath Petition filed by the Travancore Devaswom Board (for short, the 'TDB') numbered as 6/2020 on the files of the learned Ombudsman for Travancore and Cochin Devaswom Boards. It was filed seeking sanction for renovation of the temple pond at Thrippappur Devaswom in Ulloor Group. Evidently, after complying with the procedures the tender therefore was finalised in favour of one contractor by name Sri. G. Sivan at 7% above the sanctioned estimate of Rs. 61,10,000/-. Before the learned Ombudsman, the State Audit of TDB made a remark to the effect that the detailed estimate and plan were not produced for verification. Though initially the proposal was to execute the work through Government Fund under the Scheme for Renovation of Temple Ponds and Kavu attached to the temples, the Devaswom evidently made submission before the learned Ombudsman that they
DBP.No.57 OF 2020 3
seek sanction only to carry out the work expending Devaswom Fund. Evidently, the pond in question is the one where the Arattu of deity of the temple is to take place.
DBP.No.57 OF 2020 4
mentioned in the report, when once its financial capacity improves or by approaching the Government to provide fund under the Scheme for Renovation of Temple Ponds and Kavu attached to the temples. Needless to say that after carrying out the works, the accounts shall be submitted for appropriate auditing, in accordance with law.
The DBP No. 57/2020 is disposed of, as above.
Sd/-
C.T.RAVIKUMAR
JUDGE
Sd/-
K.HARIPAL
JUDGE
DCS/18.12.2020
THE TRAVANCORE DEVASWOM BOARD
THE DEPUTY DIRECTOR, LOCAL FUND AUDIT
C.T.RAVIKUMAR
K.HARIPAL
As recorded by the court registry
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