IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 DBAR.No. 2 of 2001() -------------------- IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – AUDIT REPORT RELATING TO 1999 – 2000 ........................... PETITIONER : -------------------- THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TDB AUDIT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. R. LAKSHMI NARAYANAN RESPONDENT : -------------------- THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN, SC, TDB SRI. KRISHNAKUMAR MANGAT, AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD AUDIT REPORT HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = == = = = = FINAL REPORT NO. 37 OF 2010 IN DBAR 2 OF 2001 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 8TH DAY OF APRIL, 2010. O R D E R Raman, J. Para 15 of the Audit Report relates to the delay in completing the printing work of Adhyatma Ramayanam. The Ombudsman reports that no specific amount is suggested as loss caused and no officer is identified as responsible for the delay and though there is a lot of delay in completing the work, necessary care was taken to see that the work was completed at the earliest without incurring much loss. In the circumstances, taking a lenient view, the objection is over ruled. 2. Para 3 of the report of the Ombudsman relates to Para 53(3) of the Audit Report, which relates to Mannadi Devaswom in Nedumangad Taluk under Kuttoor Sub Group. The temple has only 60 cents of land; but the extent shown in the audit objection is 2.73 acres in Sy. No. 503/2 in Nedumangad Taluk. It is pointed out that previously the temple was owned by the Travancore Devaswom Board and a private party took possession and later a Trust is administering the temple, which comes under the administrative territory of Varkala Group. The Ombudsman has already given necessary directions to the Land Special Officer to conduct an investigation in the REPORT 37 /2010 IN DBAR 2/2001 2 matter as to how the temple administered by the Travancore Devaswom Board has gone into the hands of private party and then to a Trust and if the Trvancore Devaswom Board is found to have title, the same is directed to bring to the notice of the Special Tahsildar under the Travancore Devaswom Board for necessary steps under the Land Conservancy Act and to file a report about the action taken in the matter. It is suggested that the matter could be closed subject to separate proceeding being taken by the Land Special Officer and the Special Tahsildar under the Travancore Devaswom Board. Accordingly, we direct the Land Special Officer to take up the matter as suggested by the Ombudsman and let the Land Special Officer file a report regarding the steps taken in the matter. 3. Para 4 of Report No. 37 relates to Para 65(5) of the audit objection. This is in respect of excess payment of H.R.A. The Board pointed out that two of the employees died and nine have retired from service and with regard to those who are in service, steps have been taken for recovering the excess amount. In respect of other persons who have retired and died, further action need not be taken and the matter be closed as regards those persons. The explanation offered by the Board is accepted and the matter is closed as regards those persons who have retired from service and those who died. With regard to those who are in service, steps REPORT 37 /2010 IN DBAR 2/2001 3 shall be taken for recovering the excess amount. 4. Para 5 of the report of the Ombudsman relates to Para 77(3) of the audit objection. This relates to a loan sanctioned for purchase of a bus belonging to the Travancore Devaswm Board by the PTA of Thiruvalla Devaswom Board High School. The bus valued at Rs. 4.25 lakhs was given to the PTA for Rs. 1.25 lakhs and Rs. 57,000/- alone was repaid by the PTA. The Board has not filed any reply as to whether the sale amount less what has been paid could be recovered at this distance of time. Steps may be taken in this regard. the feasibility of recovering the balance amount may be ascertained and file a statement. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. KNC/-