IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 25TH APRIL 2011 / 5TH VAISAKHA 1933 DBP.No. 48 of 2011() ------------------------------ IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-RE-SURFACING CHALAKKAYAM-PAMBA ROAD-TDB-REPORT (S)-NO.64/2011 SUBMITTED BY THE OMBUDSMAN-SUO-MOTU PROCEEDINGS INITIATED-REG. ................. PETITIONER: -------------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY IT'S SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC, TDB RESPONDENT(S): -------------------------- DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER MR.R. LAKSHMI NARAYANAN SPL. GOVT. PLEADER FOR FOREST MR.M.P. PRAKASH ADV. SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN ADV. SRI.D. ANIL KUMAR, AMICUS CURIAE. THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 25/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = D.B.P.No.48 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of April, 2011. Order Thottathil B.Radhakrishnan, J. This matter relates to the request of TDB for permission to re-surface the Chalakkayam-Pamba Road. The matter has been considered by the learned Ombudsman. We have perused the report of the learned Ombudsman. The road is owned by TDB and it is the duty of the Board to maintain it properly. The Board is also collecting toll for movement through that road. Under such circumstances, having perused the materials, including estimate and being satisfied that sufficient cause has been shown for further action in that regard, it is ordered that the work may be tendered at the estimate rate and the DBP48/11 -: 2 :- entire work will be subjected to audit by the Local Fund Audit. It shall also be appropriately supervised to the satisfaction of the competent authorities. As the work involves more than Rs.1,84,00,000/- at the 2010 schedule of rates and since the work is one which should be got done appropriately to withstand the onslaughts of nature for quite some time, we are of the view that the work will be carried out under the supervision of Sri.A.Kasthurirangan, former Chief Town Planner, Kerala, who is also a technical expert of the High Power Committee. His involvement will be for the purpose of ascertaining the quality of the work during its progression, satisfactory completion and also for approving the amounts to be ultimately paid in terms of the bills. Sri.Kasthurirangan will report any failure in relation to the execution of the work at any stage to the learned Ombudsman. The remuneration of Sri.Kasthurirangan for such supervision shall be fixed and settled by the Board on the basis of the claim that may be made by him in that regard in accordance with DBP48/11 -: 3 :- law. DBP ordered accordingly. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2504