IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 DBA.No. 66 OF 2008() (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - GENERAL ADMINISTRATION - IMPLEMENTATION OF THE MASTER PLAN FOR SABARIMALA - WIDENING OF THE CHANDRANANDAN ROAD BY CONSTRUCTING RETAINING WALL - 1VTH REACH - CHAINAGE 600M TO 800M.) PETITIONER -------------------- TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, TRIVANDRUM-3. BY ADV. SRI.V.KRISHNA MENON RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY, MINISTRY OF FOREST AND WILD LIFE, TRIVANDRUM. 2. THE DEPUTY EXAMINER FOR LOCAL FUND ACCOUNTS, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. GOVT. PLEADER SRI. R. LAKSHMINARAYANAN. THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 26/06/2008, ALONG WITH D.B.A. 67/2008 & CONNECTED APPLICATIONS, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = D.B.A. NOS. 66, 67, 68, 69, 70 & 71/2008 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 26TH DAY OF JUNE, 2008. O R D E R Raman, J. All these applications are filed seeking approval of Annexure-A estimate and permission to undertake the work of widening of the Chandranandan road. In anticipation of approval, the Devaswom Board has tendered the work. In DBA 66/2008 the Devaswom Board has filed I.A. 1424/2008 - an application for approving the action of the Chief Engineer (General) in having invited tenders in anticipation of the sanction of this Court, in the factual situation as averred in the application. Similar applications are filed in the other DBAs also. Considering the averments made, we condone the act of the Chief Engineer in inviting tenders in anticipation of sanction by this Court. 2. The Deputy Commissioner for Local Fund Accounts has not filed any objection. However, a statement is filed for and on behalf of the first respondent State of Kerala, represented by the Secretary, Ministry of Forest and Wild Life. Paragraphs 2 to 5 of the statement clearly spells out that the work now undertaken is one provided in the master plan for Sabarimala. In para 4 of the statement filed on behalf of the first respondent it is averred DBA NOS: 66,67,68,69,70 & 71/08 :2: as follows: "........ The widening of the Chandranandan Road to a width of 7 meters and construction of retaining walls wherever necessary is provided in the Master Plan for Sabarimala. However, Master Plan prohibits cutting of trees. The Forest Department has no objection in widening of the Chandranandan Road as provided in the Master plan for Sabarimala." In view of the above specific statement raising no objection and making an assertion that widening of Chandranandan Road is provided in the Master Plan for Sabarimala, the approval sought for in all these applications is granted. The work may be started after identifying the area by peg marking in consultation with the Forest Department. No trees shall be cut under the guise of widening the road without permission from the authorities and this Court. D.B.As are allowed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-