IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 DBP.No. 63 of 2009() ------------------------------ IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-LETTER PETITION RECEIVED FROM SRI.PERUMUTTAM RADHAKRISHNAN, SECRETARY, TEMPLE ADVISORY COMMITTEE, SREE DHARMA SASTHA TEMPLE, SASTHAMCOTTA-SUO-MOTU PROCEEDINGS INITIATED. .................. COMPLAINANT: ----------------------- SRI.PERUMUTTAM RADHAKRISHNAN, SECRETARY, TEMPLE ADVISORY COMMITTEE, SREE DHARMA SASTHA TEMPLE, SASTHAMCOTTA, KOLLAM. BY ADV. V/S. 1. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.G.BIJU, SC, TDB. 2. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. ADV. SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs DBP.No. 63 of 2009 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I: COPY OF THE CHEQUE. ANNEXURE II: COPY OF THE RECEIPT ISSUED BY TEMPLE ADVISORY COMMITTEE. RESPONDENTS ANNEXURES: ANNEXURE R1(a): COPY OF THE FINAL BILL SANCTIONED FOR PAYMENT. ANNEXURE R1(b): COPY OF THE RECEIPT EVIDENCING PAYMENT OF CHEQUE FOR Rs.2,00,000/- //TRUE COPY// P.A. TO JUDGE rs THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- D.B.P.No.63 OF 2009 ------------------------------------ Dated this the 13th day of July, 2011 O R D E R Thottathil B.Radhakrishnan,J. 1.We have heard learned counsel for the Board, learned Government Pleader as also the President of the Temple Advisory committee who is present before us in person. We have taken on record the statement of the President, in writing, which shows the actual expenditure involved. 2.It should be a happy note that the work has been completed to the satisfaction of the Board authorities. The work commenced in May, 2010 and it was completed in January, 2011. The estimate was prepared on the basis of 2009 schedule of rates. The TAC is not a bunch of commercial contractors. Having been satisfied that the work has been appropriately completed, it would only be wise to give them DBP.63/09 2 the expenditure that could be reasonably reckoned as having been spent. Obviously, the best method to arrive at that amount is to reckon the rate prevailing during the period in which the work was commenced and completed. That being May, 2010 till January, 2011, we are of the view that the TAC could be paid amounts on the basis of the 2010 schedule rather than 2009 schedule. We, therefore, direct the Devaswom Board to immediately prepare revised statement and release further amounts that may be due on the basis of the 2010 schedule. Timely compliance of this direction will also augment the cohesiveness of the activities of the TAC in junction with the Board authorities in the larger interest of the temple and the devotees. We, therefore, direct that action following this order will be completed within a period of two months from the date of receipt of a copy of this judgment. 3.We also record that we have taken on file the statement by the TAC disclosing the actual amount spent. The TAC will DBP.63/09 3 provide a copy of that to the learned counsel for TDB which will be forwarded to the Board along with copy of this order through the counsel for the Board for appropriate action. The DBP is ordered accordingly. The Office will communicate copy of this order to the Secretary, TAC, Sree Dharma Sastha temple, Sasthamcotta. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.13/7.