IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 DBA.No. 151 of 2009() --------------------- (IN THE MATTER OF APPROVAL AND SANCTION FOR RECONSTRUCTION OF SREEKOVIL AND MANDAPAM AND NALAMBALAM WITH BALIKALPURA IN EZHUMATTOOR PANAMATTATHUKAVU DEVASWOM IN THIRUVALLA GROUP OF TRAVANCORE DEVASWOM BOARD) PETITIONER --------------- THE TRAVANCORE DEVASWOM BOARD, REP BY ITS SECRETARY,THIRUVANANTHAPURAM. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB RESPONDENT(S): --------------- THE DEPUTY EXAMINER,LOCAL FUND AUDIT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.V.T.K.MOHANAN. V THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 26/11/2009, ALONG WITH W.P.(C) No.15316 of 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON ------------------------------- D.B.A.No.151 of 2009 & W.P.(C) No.15316 of 2009 ------------------------------- Dated this the 26th November, 2009 O R D E R Raman, J. D.B.A.No.151 of 2009 is an application seeking approval for reconstruction of Sreekovil, Mandapam and Nalambalam with Balikalpura in Ezhumattoor Panamattathukavu Devaswom under the Thiruvalla Group, supported by an affidavit. In the writ petition also, W.P.(C) No.15316 of 2009, similar relief was sought for. 2. When the matter came up for consideration, we referred the same to the Ombudsman. After considering the matter, the Ombudsman has submitted a report, Report No.108 of 2009, and it is suggested to direct the Travancore Devaswom Board to re-tender the work after issuing notice to the contractor for termination of the contract at his risk and cost, and to complete the entire work, within a specified time to be decided by D.B.A.No.151 of 2009 & W.P.(C) No.15316 of 2009 2 this Court. It is also pointed out that As the Balalayam itself has started leaking, the work has to be urgently started. 3. This is a case where the work was tendered earlier, part of the work was completed, and thereafter, the contractor did not complete the work. Therefore, it has become necessary to re-tender the work. 4. In the factual situation, for the reasons stated in the affidavit and considering the report of the Ombudsman, the approval sought for is granted, subject to usual audit. While awarding the contract, the Devaswom Board may fix a time limit, within which the work should be completed. However, it is open to make minor variation, if found necessary, as suggested by the Thanthri in the Vasthu. Both the D.B.A. and the writ petition are disposed of as above. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.