Allowed

Travancore Devaswom Board - Tdb v. the Deputy Director

Kerala HC7 Jun 2024DBP/49/2024

Case brief

AI extract

What is this about?

The Court approved the estimate and award of contract for temple reconstruction work initiated by the Travancore Devaswom Board following an Ombudsman report, subject to statutory audit and specific procedural compliance for future high-value petitions.

What did the court decide?

Approval granted for estimate and award of contract for temple reconstruction work, subject to statutory audit and future documentation requirements for expenditures over Rs.20 lakhs.

Travancore Devaswom Board - Tdb Vs the Deputy… — Public Procurement and Tenders | Kerala HC (2024)

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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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&

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THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
DBP NO. 49 OF 2024

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IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - REPORT NO. 12
OF 2024 IN PETITION NO. 7 OF 2023 - IN THE MATTER OF

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APPROVAL OF ESTIMATE AND AWARD OF CONTRACT FOR THE WORK OF

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CHATHIYARA SAKTHIKULANGARA DEVASWOM IN KARUNAGAPPALLY GROUP

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- RECONSTRUCTING VALIYAMBALAM WITH BALIKKALPURA AND

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NALAMBALAM - SUO MOTU PROCEEDINGS INITIATED - REG.

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PETITIONERS:

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1 TRAVANCORE DEVASWOM BOARD - TDB

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REPRESENTED BY ITS SECRETARY,
NANTHANCODE,
KAWDIAR P.O.,
THIRUVANANTHAPURAM - 695003

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2 THE EXECUTIVE ENGINEER
TRAVANCORE DEVASWOM BOARD,
MAVELIKKARA - 690101

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

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RESPONDENT:

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THE DEPUTY DIRECTOR
THIRUVANANTHAPURAM 695003

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SR. GP- SRI. S.RAJMOHAN;
SC, TDB SRI. G. BIJU;
AMICUS CURIAE FOR OMBUDSMAN-SRI. P. RAMACHANDRAN

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THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

DBP NO. 49 OF 2024

ORDER

Anil K. Narendran, J.

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This DBP is registered based on Report No.12 of 2024 of the learned Ombudsman in Petition No.7 of 2023 filed by the Travancore Devaswom Board and its Executive Engineer seeking approval of the estimate and award of contract for the work of Chathiyara Sakthikulangara Devaswom in Karunagappally Group regarding reconstruction of Valiyambalam with Balikkalpura and Nalambalam. The copy of the administrative sanction granted by the Travancore Devaswom Board for the said work, vide proceedings No.ROC.10006/17/M dated 15.03.2023, is marked as Annexure I. A copy of proceedings No.R.O.C.10006/17/M dated 10.04.2023, whereby the Temple Advisory Committee has been granted permission to collect a sum of Rs.32,62,000/against sealed coupons and deposit the same in the Devaswom account is marked as Annexure II. A copy of proceedings dated 31.07.2023 of the Board according contract sanction for the said work in favour of Sri.S.Chandrakumar at 2% above the Sanctioned Estimate Rate is marked as Annexure III. The document marked as Annexure IV is a copy of proceedings No. CE/W/MVK-1/2023/12, dated 29.06.2023 of the Chief

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DBP No. 49 of 2024 3

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Engineer granting technical sanction for the construction of Valiyambalam and Balikkalpura of the temple. The document marked as Annexure V is the plan of the work and Annexure VI is the copy of the estimate report prepared by the Executive Engineer, Travancore Devaswom Board, Mavelikkara.

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In the proceedings before the learned Ombudsman, the State Audit Department submitted Annexure O1 remarks dated 23.11.2023, wherein it was pointed out that copy of e- tender documents, tender guidelines, copy of tender invited newspaper advertisement, copy of tender invitation uploaded in the departmental website and copy of the agreement entered into with the Temple Advisory Committee by the Executive Engineer were not attached along with the petition. Subsequently, those documents were provided by the Executive Engineer. Annexure O2 is the reply dated 22.02.2024 of the Executive Engineer, Mavelikkara to the remarks of the Kerala State Audit Department. Thereafter, the Kerala State Audit Department submitted further remarks dated 14.03.2024. In the said remarks, the Senior Deputy Director has stated as follows:-

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“5. It is further enjoined that each Asst. Engineers are holding the charge of two or more sections under Mavelikkara Maramath Division. Due to the lack of adequate staff strength periodic inspection in each and every temple at regular intervals is very

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DBP NO. 49 OF 2024

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difficult. According to the Executive Engineer, Mavelikkara, the office is putting their maximum sincere effort for the maintenance of various temples and colleges with the limited staff strength.

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xx xx xx

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The Board may kindly be directed to produce the documents sought vide Para 8 of the remarks filed on 23.11.2023 for further verification.”

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In the report filed by the learned Ombudsman, the dilapidated condition of the building is pointed out. The said report also refers to the remittance made by the Temple Advisory Committee in the joint account of the Sub Group Officer and Temple Advisory Committee towards their contribution.

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Having considered the report of the learned Ombudsman and also the submissions made at the Bar, this DBP is disposed of by granting approval for the estimate and award of contract for the work relating to the reconstruction of Valiyambalam with Balikkalpura and Nalambalam of Chathiyara Sakthikulangara Devaswom in Karunagappally Group, as sought

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for in Petition No.7 of 2023, subject to the condition that the entire expenditure in this regard shall be subject to statutory audit by the State Audit Department.

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Hereafter, when Maramath Petitions are filed before

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DBP No. 49 of 2024 5

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this Court seeking approval for the award of contract involving an expenditure of Rs.20 lakhs and above, the same shall be accompanied by a copy of the tender notification, work estimate with DSR Code, the newspaper advertisement, the e-tender documents, bids received, work register (if applicable), maintenance register (if applicable), etc. and other relevant documents, so as to enable the State Audit Department to offer its remarks, without any delay.

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Registry to issue a copy of this order to the learned Standing Counsel for Cochin Devaswom Board, who shall ensure that the Maramath Petitions filed by the Cochin Devaswom Board

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also contain the aforesaid documents in respect of the work in question.

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Sd/ANIL K. NARENDRAN, JUDGE

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Sd/HARISANKAR V. MENON, JUDGE

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DCS/

Travancore Devaswom Board - Tdb v. the Deputy Director

Case brief

What is this about?

What did the court decide?

Travancore Devaswom Board - Tdb v. the Deputy Director

Case brief

What is this about?

What did the court decide?

What the court decided

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