IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 36382 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------ SIVANKUTTY NAIR, S/O.K.GOPALAN NAIR, VELLIKKARA, ITHITHANAM.P.O, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): -------------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM - 695 001. 2. SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM - 695 001. 3. THE DEPUTY EXAMINER, LOCAL FUND AUDIT, THIRUVANANTHAPURAM - 695 001. R1- R2 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36382/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ASHTAMANGALA DEVA PRASNA CHARTHU' WITH REGARD TO THE DEVA PRASNAM CONDUCTED IN THE RAPPUZHA SREE DHARMA SASTHA TEMPLE DTD. 24.5.2004. P2(SERIES):- COPY OF THE (SIX NUMBERS) SHOWING THE EXACT CONDITION OF THE RAPPUZHA SREE DHARMA SASTHA TEMPLE. P3:- COPY OF THE CONSENT LETTER DTD. 18.5.04 ISSUED BY THE TRAVANCORE DEVASWOM BOARD. P4:- COPY OF THE LETTER SENT BY THE THANTHRI OF RAPPUZHA SREE DHARMA SASTHA TEMPLE. P5:- COPY OF THE ORDER IN D.B.A. NO.39/2010 BEFORE THIS HONOURABLE COURT. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ----------------------------------- W.P(C).No.36382 of 2010 ------------------------------------ Dated this the 23rd day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. Heard learned counsel for the petitioner and learned standing counsel for the Travancore Devaswom Board as also learned Amicus Curiae for the learned Ombudsman. We have perused report No.18/11 placed by the learned Ombudsman, following the earlier order issued by us on 8.12.2010. We find that the learned Ombudsman has adverted to and considered all relevant aspects and has concluded that one M.V.Prabha had offered to execute the work at 45% excess of the estimate amount. We record the suggestion of the learned Ombudsman that permission could be granted for construction of the Chuttambalam in Rappuzha Sree Dharma Sastha Temple at the estimated cost of Rs.11,95,000/- with 45% excess after received contribution from the petitioner for 10% of the total WPC.36382/10 2 contract amount. We accordingly sanction such work. Let the work be completed within an outer limit of 1 ½ years. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, Judge. S.S.SATHEESACHANDRAN, Judge. kkb.26/2.