Disposed

Cochin Devaswom Board v. the Deputy Director

Kerala HC17 Aug 2023DBP/84/2022

Case brief

AI extract

What is this about?

The Division Bench disposed of a petition against the conduct of an Onam Exhibition by Cochin Devaswom Board. The court condoned the delay in seeking Ombudsman permission, directed the Board to ensure procedural diligence in future events, and mandated immediate audit of the 2022 accounts by the State Audit Department.

What did the court decide?

Condonation of delay in report submission; direction to ensure diligence in future exhibitions; mandate to submit exhibition accounts for State Audit audit.

Cochin Devaswom Board Vs the Deputy Director — Public Procurement and Tenders | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 17^TH DAY OF AUGUST 2023 / 26TH SRAVANA, 1945

¶6

DBP NO. 84 OF 2022

¶7

IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB

¶8

PROCEEDINGS INITIATED - REG.

¶9

CONDUCTING EXHIBITION AND TRADE FAIRS IN THE THRISSUR

¶10

POORAM EXHIBITION GROUND

¶11

APPLICANT:

¶12

COCHIN DEVASWOM BOARDREPRESENTED BY ITS SECRETARY, THRISSUR - 680001

¶13

BY SRI K.P.SUDHEER- STANDING COUNSEL-COCHIN DEVASWOM BOARD

¶14

RESPONDENT:

¶15

THE DEPUTY DIRECTORLOCAL FUND AUDIT, COCHIN DEVASWOM AUDIT, THRISSUR – 680001

¶16

SRI S.RAJMOHAN- SR GOVERNMENT PLEADER

¶17

OTHER PRESENT:

¶18

SRI P.RAMACHANDRAN- AMICUS CURIAE

¶19

THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON 17.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

D.B.P.No.84 of 2022

O R D E R

P.G. Ajithkumar, J.

This D.B.P. was registered based on report No.42 of 2022 of the learned Ombudsman for the Cochin Devaswom Board. That report was submitted on petition No.10 of 2022 filed by the Cochin Devaswom Board in relation to the Exhibition and Trade Fair in Thrissur Pooram Exhibition Ground during Onam season, 2022.

¶25

The applicant-Cochin Devaswom Board has filed an affidavit in terms of the order of this Court dated 07.12.2022.

¶26

Heard the learned Standing Counsel for the Cochin Devaswom Board and the learned Senior Government Pleader for the Kerala State Local Fund Audit.

¶27

D.B.P.No.31 of 2022 was initiated on the basis of an application submitted by the Cochin Devaswom Board seeking permission to conduct Onam Exhibition/Trade Fair in Thrissur Pooram Exhibition Ground during Onam season in the year 2022. This Court after considering the matter in detail granted permission as per the order dated 29.07.2022.

¶28

¶29

D.B.P.No.84 of 2022

¶30

Paragraph No.29.4 of the said order reads as follows:-

¶31

“29.4. The terms and conditions and other matters relating to the conduct of Onam exhibition/trade fair shall be placed before the learned Ombudsman for approval. The expenditure incurred by the Board in connection with the conduct of Onam exhibition/trade fair and also the income generated therefrom, by auctioning the right to conduct stalls/pavilions, shall be subjected to audit by the State Audit Department, immediately after the exhibition/trade fair is over.”

¶32

The Cochin Devaswom Board took up the initiative

¶33

of conducting the Onam Exhibition/Trade Fair in Thrissur Pooram Exhibition Ground in 2022 on its own for the first time. This Court subject to certain conditions as mentioned above in the order dated 29.07.2022 had accorded permission to the Cochin Devaswom Board. One of the conditions was to submit an application before the learned Ombudsman and obtain formal permission for the conduct of the Exhibition/ Trade Fair. In the report, the learned Ombudsman has dealt with in detail the preparations made by the Cochin Devaswom Board, the modalities for auction and allotting of various stalls and space to different stakeholders and the generation of

¶34

¶35

D.B.P.No.84 of 2022

¶36

income. The learned Ombudsman also pointed out the infirmities and drawbacks occurred in the matter.

¶37

A detailed report was submitted before the learned Ombudsman by the Cochin Devaswom Board in terms of the direction in the order dated 29.07.2022. It was on 02.09.2022. The inauguration of the Exhibition/Trade Fair was on 03.09.2022. All the arrangements and steps for auctioning and allotting various stalls were mentioned in the report dated 02.09.2022. However, it was submitted very late and therefore the learned ombudsman did not have time to scrutinise the report and issue necessary directions or corrections required in the matter. The learned Ombudsman had stated that the report of the Cochin Devaswom Board dated 02.09.2022 was received on 05.09.2022 and practically the same was a request for ratification of the steps taken by the Cochin Devaswom Board.

¶38

As regards the appropriateness in erecting the stalls and other facilities for being auctioned, the manner in which auction was held and also generation of funds, a few

¶39

¶40

D.B.P.No.84 of 2022

¶41

defects and drawbacks have been pointed out by the learned

¶42

Ombudsman. In the remarks submitted by Local Fund Audit

¶43

all such flaws have been pointed out, which are the following:

¶44

“(i) Wide publicity by publishing the notice in various dailies was not done; rather advertisement was given only in Thrissur Edition of Mathrubhumi daily only besides the website of the Devaswom Board;

¶45

(ii) The tender notice inviting express of interest for construction of stalls did not contain the details of the area of the stall; instead the entire area was divided into four compartments and rate was fixed;

¶46

(iii) The amount of advance was less than what is stipulated in the agreement condition;

¶47

(iv) Regarding parking fee and exhibition of advertisement board, details of accounts are to be furnished; and

¶48

(v) The rate of construction is to be fixed on the basis of the number and area of the stall and other facilities and contractors have quoted the rate without specifying the number and the area.”

¶49

After considering the aforesaid aspects, the Board assured

¶50

before the learned Ombudsman that such defects would be

¶51

addressed and that all steps would be taken not to recur such

flaws in future.

D.B.P.No.84 of 2022

It is a fact that the Cochin Devaswom Board took up the responsibility of conducting the Onam Exhibition/Trade Fair in 2022 for the first time. There was paucity of time also. Taking into account all such aspects, we are of the view that it is for the Cochin Devaswom Board to ensure that in the coming years no such drawbacks and flaws occurred.

¶56

The learned Ombudsman further pointed out that the accounts of the Exhibition/Trade Fair, 2022 could not be audited yet. The Cochin Devaswom Board submitted before the learned Ombudsman that the entire accounts shall be submitted for audit. At any rate, the entire accounts of the exhibition/trade fair has to be audited by the Local Fund Audit. Therefore, there is no meaning in scrutinising instances of income and expenditure of various items of the exhibition separately.

¶57

In the above circumstances, this D.B.P. is disposed of as follows:

¶58

i) The delay in submitting a report before the learned Ombudsman seeking permission for the conduct of the Exhibition/Trade Fair, in terms of the order of this court

¶59

¶60

D.B.P.No.84 of 2022

¶61

dated 29.07.2022 is condoned;

¶62

ii) The Cochin Devaswom Board shall take steps for the conduct of Exhibition/Trade Fair in the exhibition ground in Vadakkumnatha Kshethra maithan in future sufficiently early and shall ensure that arrangements are made with due diligence and care. Every step to avoid mistakes, based on the experience gained during the Onam Exhibition/Trade Fair in 2022 shall be taken by the Devaswom Board;

¶63

iii) The entire accounts of the Exhibition/Trade Fair conducted in Vadakkumnatha kshethra maithan during the Onam in the year 2022 shall be submitted for audit by the Kerala State Audit, without inordinate delay.

¶64

Sd/-

¶65

ANIL K. NARENDRAN, JUDGE

¶66

Sd/-

¶67

P.G. AJITHKUMAR, JUDGE

¶68

dkr

Cochin Devaswom Board v. the Deputy Director

Case brief

What is this about?

What did the court decide?

Cochin 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

The Secretary, Vs the Devaswom Commissioner

Sathjith Vs State of Kerala

Renjitha Abraham Vs the Manager

Livingstone. a, Vs the State Police Chief

Action Council Vs the State Police Chief

Jayan K.K. Alias Jayan Krishnan Empranthiri Vs Travancore Devaswom Board