Disposed

The Cochin Devaswom Board v. Deputy Director

Kerala HC8 Nov 2021DBP/4/2020

Case brief

AI extract

What is this about?

Court disposed of a Devaswom Board petition challenging an Ombudsman order regarding temple construction estimates. Ombudsman verified that materials used were genuine and of expected size. Court directed future applications must be submitted early, not as empty formalities after work completion, disposing the petition.

What did the court decide?

Petition disposed with direction to submit future applications for permission sufficiently early, not as empty formalities after work completion.

The Cochin Devaswom Board Vs Deputy Director — Public Procurement and Tenders | Kerala HC (2021)

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 8^TH DAY OF NOVEMBER 2021/ 17TH KARTHIKA, 1943

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D.B.P.NO. 4 OF 2020

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IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS INITIATED - REG.

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PETITIONER:

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THE COCHIN DEVASWOM BOARD THRISSUR

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BY ADVS.

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SRI.DILJITH K.MANOHAR, SC, COCHIN DEVASWOM BOARD

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SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD

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RESPONDENT:

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DEPUTY DIRECTOR LOCAL FUND ACCOUNT (CD) AUDIT, THRISSUR. BY SRI S RAJMOHAN-SR.GOVERNMENT PLEADER

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OTHER PRESENT:

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SRI.P.RAMACHANDRAN, AMICUS CURIAE

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THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON 08.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

D.B.P.No.4 of 2020

O R D E R

Ajithkumar, J.

This DBP is registered based on CDB Report No.67 of 2019 in Petition No.17 of 2019 moved by the Cochin Devaswom Board before the learned Ombudsman. It was moved by the Cochin Devaswom Board through its Executive Officer before the learned Ombudsman seeking permission to implement Annexure A15 Board Order No.H1-1057/16 dated 18.05.2019, whereby the revised estimate was approved besides ratifying the action in completing the work subject to the approval by this Court.

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This Court after considering the reply affidavit and additional affidavit filed by the Secretary of Cochin Devaswom Board and on hearing the learned Standing Counsel for the Devaswom Board and the Senior Government Pleader, on 19.07.2021 passed the following order:

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“Taking into account all the aforesaid circumstances, the CDB is permitted to produce all documents which are produced herein along with the additional affidavits/reply affidavit, which were not produced

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D.B.P.No.4 of 2020

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before the learned Ombudsman on the earlier occasion, within two weeks from today. Needless to say that their originals shall be produced before the learned Ombudsman for perusal. After perusal, if the learned Ombudsman thinks that it inevitable to visit of the temple concerned so as to ascertain and assess the genuineness of the extensive construction the learned Ombudsman will be at liberty to do so. We may also say that, for that purpose if any assistance of an expert is required, that can also be sought for by the learned Ombudsman. After verifying the records and inspection, a further report may be filed by the learned Ombudsman, as early as possible, in the captioned DBP.”

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The learned Ombudsman accordingly submitted CBD Report No.15 of 2021 dated 08.10.2021. In terms of the observations in the Order dated 19.07.2021, the learned Ombudsman visited the Chazhoor Temple under Pazhuvam Devaswom on 18.09.2021. It is reported that the materials used for the repair and restructuring of the Balikkalpura, Sreekovil, Namaskara mandapam, etc. were found to be substantiate and of the same size as it was previously. It was also observed that the wood used were found to be solid and

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D.B.P.No.4 of 2020

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of appreciable size and of the same measurements as where used in the previous structure.

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Having considered the said report and the submissions made by the learned Standing Counsel, the learned Senior Government Pleader and the learned Amicus Curiae for the Ombudsman, we are of the view that no further orders in the matter is required, except a direction that whenever such applications for permission are required to be submitted before the learned Ombudsman, the Devaswom Board should submit the same sufficiently early without waiting for the completion of the work and such petition shall not be filed just as an empty formality. This DBP is disposed of with the above direction.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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dkr

The Cochin Devaswom Board v. Deputy Director

Case brief

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The Cochin Devaswom Board v. Deputy Director

Case brief

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