IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 DBA.No. 132 of 2010() -------------------------------- APPLICANT: ------------------ COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY. BY ADV. SRI.C.E.UNNIKRISHNAN,SC, COCHIN D.B. RESPONDENT(S): -------------------------- 1. DEPUTY DIRECTOR, LOCAL FUND AUDIT, THRISSUR. 2. SRI.T.R. VIJAYAKUMAR, MANAGING PARTNER, ELITE SUPER MARKET, TC 351/1753, ROUND NORTH, THRISSUR. R1 BY SR. GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. ADV. MR.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ DBA No.132 of 2010 ------------------------------------------------------------------------ Dated 24th November 2010 Order Thottathil.B.Radhakrishnan, J. We have perused the report of the learned Ombudsman. The application of the Cochin Devaswom Board is to approve the extension of time granted to the second respondent for vacating the building in question. The learned Ombudsman is right in pointing out that the application ought to have been filed before the expiry of the period fixed by this court rather than the Devaswom Board granting extension and then seeking ratification from this court. 2. Taking into consideration the submission of the Cochin Devaswom Board that hereafter prior sanction would be taken if and when necessary in such situations, this application is allowed. It is further clarified that the grant of extension of time already fixed can never be made a routine matter and such extension would be considered only in exceptionally exceptional cases and only when the High Court permits it, on DBA 132/10 2 the opinion of the learned Ombudsman. The DBA is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta DBA 132/10 3