IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 19226 of 2003(L) PETITIONER: --------------- D.SASIKUMAR, AGED 35 YEARS, S/O.DAMODARAN PILLAI, AYKKARAVILAKOM, SARKARA, CHIRAYINKEZHU P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: --------------- 1. TRAVANCORE DEVASWOM BOARD, NANTHANKODE, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 2. THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM SUB GROUP OFFICE, VARKALA. 3. CHIEF EXECUTIVE OFFICER, TRAVANCORE DEVASWOM BOARD, NANTHANKODE, THIRUVANANTHAPURAM. 4. THE ADMINISTRATIVE OFFICER, SARKARA DEVASWOM, SARKARA, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM. 5. SREE SARKARA DEVI KSHETROPADESAKA SAMITHI, SARKARA, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. ADV. SRI.P.G.PARAMESWARA PANICKER,SC, TDB SRI.P.PARAMESWARAN NAIR, SC, TDB FOR R1-4 SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO. 5426/2003 IN W.P.(C) 19226/2003 // DISMISSED // 2.7.2009. SD/-, P.R. RAMAN, JUDGE. SD/-, P. BHAVADASAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF NOTICE PUBLISHED BY SARKARA DEVASWOM, DATED 17.5.1996. EXT.P2 COPY OF THE ESTIMATE PREPARED BY AYYAPPA TRADE LINKS SHOWING THE EXACT MEASUREMENTS AND QUANTITY OF TIMBER REQUIRED FOR THE RENOVATION WORK OF THE TEMPLE. EXT.P3 TWO PHOTOGRAPHS OF THE OLD SARKARA DEVI TEMPLE. EXT.P4 FOUR PHOTOGRAPHS SHOWING THE PRESENT SET UP OF TE SARKARA DEVI TEMPLE. EXT.P5 PHOTOGRAPHS OF THE WORK CONDUCTED BY THE RESPNDENTS AT SREE SARKARA DEVI TEMPLE. RESPONDENTS' EXHIBITS: ANNEXURE-A TRUE COPY OF THE ORDER, ROC NO. 15194/2001/M. DATED 23.2.2004 ISSUED BY THE TRAVANCORE DEVASWOM BOARD. ANNEXURE-B TRUE COPY OF THE SELECTION NOTICE DATED 25.2.2004. ANNEXURE-C TRUE COPY OF THE REPRESETATION DATED 15.5.2004 SUBMITTED BY THE DEVOTEES OF THE TEMPLE. ANNXURE-D TRUE COPY OF THE REPRESENTATION SUBMITTED BY TH DEVOTEES OF THE TEMPLE, DATED 29.6.2004. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 19226 OF 2003 = = = = = = = = = = = = = = = = DATED THIS, THE 2ND DAY OF JULY, 2009. J U D G M E N T Raman, J. Pursuant to our order dated 4.3.2009 a statement has been filed by the Standing Counsel appearing on behalf of the first respondent Travancore Devaswom Board. It is stated that some of the works are already completed and some works are yet to be completed. In para 4 of the statement, works yet to be completed and the steps taken are mentioned as follows: (1) Providing Charazhi to Balikalpura. An estimate of Rs. 20,15,000/- is given to th Board for sanction on 14.10.2008. (2). Repairs and maintenance works to Sarkara Bhagavathi Kottaram Building (Police Station). The administrative sanction for this work was accorded by the Board for Rs. 2,60,000/- and the work was tendered, but there was nobody to offer tender. WP(C) 2765/2009 :2: (3). Providing and paving Ashlar at Thirumuttam. An estimate of Rs. 4,67,000/- is submitted to the Chief Engineer's Office is given by the Asst. Engineer for sanction on 20.2.2009. (4). Constructing Pradikshanavazhi and for this work an estimate of Rs. 5,95,000/- is prepared and given by the Executive Engineer to the Chief Engineer for sanction on 28.2.2009 (5). Constructing Parapet Wall around Temple Tank and for this work an estimate of Rs. 2,20,000/- is sanctioned and the tender is also invited. (6). Maintenance to Sadyalayam and for this work an estimate for Rs. 2,00,000/- is sent to Chief Engineer's Office for sanction. (7) Constructing Compound Wall around Anathara near Chuttikuthupura and for this work an estimate for Rs. 3,00,000/- is submitted to Chief Engineer's Office on 10.11.2008." 2. Heard both sides. In the circumstances, matter, wherever sanction of the Board is awaited, will be forwarded to the Secretary of the Travancore Devaswm Board for further steps in this regard and wherever sanction is obtained and tenders have been obtained further steps has to be taken in accordance with law. In case of where retender has to be made where there is no response pursuant to the first tender, steps shall be taken to retender the same. WP(C) 2765/2009 :3: 3. We have noticed that some of the expenditure may require budgetary provisions and also sanction from this Court. Therefore, by this order we are not granting the sanction but only asking the Administration to take steps in this regard and whenever the matter comes up for approval or sanction by this Court, it will be considered on merits. The above order may be complied with and steps taken in a time bound manner. Nothing further remains to be considered. The writ petition is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-