IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 DBA.No. 92 of 2009() -------------------- IN THE MATTER OF TRAVANCORE DEVASWOM BOARD – GENEAL ADMINISTRATION – IN THE MATTER OF IMPLEMENTATION OF THE MASTER PLAN – WIDENING THE WAY OUT ROAD FROM THE MARAMATH OFFCE JUNCTION TO THE PWD ROAD – (HOTEL) JUNCTION AT NILACKAL. PETITIONER(S): -------------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-3. BY ADV. SRI.V.KRISHNA MENON RESPONDENT(S): ------------------------ THE DEPUTY DIRECTOR OF LOCAL FUND ACCOUNTS, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-3. SR. GOVT. PLEDER SRI. R. LAKSHMI NARAYAN. THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - D.B.A. No. 92 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2009. ORDER Raman, J, In anticipation of the sanction of the Board and this court, Chief Engineer invited tenders owing to the urgency of the work. The tender was finalized in favour of one Sri.Kalesh and the same was put to execution before the season started. Subsequently, the Board gave sanction subject to the approval of this court. It is submitted that the necessary application could not be filed in time due to the urgency of the matter and the contractor's bill is not paid. 2. Since the work is already completed, and the Board had already granted sanction, as a special case we condone the action of completing the work without prior approval. However, the same shall not be repeated. Even the case of an emergent matter could be brought to the notice of the Ombudsman and the matter could be moved before this DBA.92/2009. 2 court. However, this is concerning the widening of the road, there cannot be any dispute that the work was necessitated out of circumstances and in the larger interests of pilgrims. Subject to Audit by Local fund, action ratified. P.R. Raman, Judge P. Bhavadasan, Judge sb.