IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 35139 of 2009(J) -------------------------- PETITIONER(S): --------------- 1. KOVOOR BHARANICKAVU BHAGAVATHY TEMPLE ADVISORY COMMITTEE REPRESENTED BY ITS PRESIDENT, B.RADHAKRISHNA PILLAI, KOVOOR THEKKETHIL, KOVOOR, ARINALLOOR P.O., KOLLAM DISTRICT. 2. VIPIN.B., SECRETARY, KOVOOR BHARANICKAVU BHAGAVATHY TEMPLE ADVISORY COMMITTEE, VIPIN VIHAR, KOVOOR, ARINALLOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. 2. COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER (GENERAL) TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 4. EXECUTIVE ENGINEER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 5. ASSISTANT ENGINEER, TRAVANCORE DEVASWOM BOARD, KARUNAGAPPALLY. 6. ASSISTANT COMMISSIONER, KARUNAGAPPALLY GROUP, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 7. SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, THEVALAKKARA, KARUNAGAPPALLY GROUP. ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 TO 7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RELEVANT PART OF THE ASHTAMANGALYA DEVA PRASNA REPORT DATED 8.9.2005 EXT.P2 TRUE COPY OF THE LETTER DATED 23.11.2005 FORWARDED BY THE TEMPLE THANTHRI TO THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 7.2.2006 SUBMITTED BY THE ADVISORY COMMITTEE TO THE 7TH RESPONDENT. EXT.P4 TRUE COPY OF THE LETTER DATED 29.3.2006 FORWARDED BY THE 4TH RESPONDENT TO THE TEMPLE ARCHITECT. EXT.P5 TRUE COPY OF THE EXISTING SITE PLAN OF KOVOOR BHARANICKAVU TEMPLE PREPARED BY THE TEMPLE ARCHITECT ON 8.7.2006 EXT.P6 TRUE COPY OF THE PROPOSED PLAN FOR THE TEMPLE PREPARED BY THE TEMPLE ARCHITECT ON 8.7.2006 EXT.P7 TRUE COPY OF THE SUGGESTIONS DATED 8.7.2006 MADE BY THE TEMPLE ARCHITECT. EXT.P8 TRUE COPY OF THE REPRESENTATION DATED 5.11.2006 SUBMITTED BY THE PETITIONERS BEFORE THE 7TH RESPONDENT. EXT.P9 TRUE COPY OF THE LETTER DATED 6.11.2006 FORWARDED BY THE 7TH RESPONDENT TO THE 6TH RESPONDENT. EXT.P10 TRUE COPY OF THE LETTER DATED 6.11.2006 FORWARDED BY THE 7TH RESPONDENT TO THE 5TH RESPONDENT. EXT.P11 TRUE COPY OF THE PROPOSED PLAN DATED 6.1.2007 PREPARED BY THE TEMPLE ARCHITECT FOR KOVOOR BHARANICKAVU TEMPLE. EXT.P12 TRUE COPY OF THE ESTIMATE FOR CONSTRUCTION OF THE SREEKOVIL OF BHARANICKAVU DEVASWOM APPROVED BY THE 3RD RESPONDENT. EXT.P13 TRUE COPY OF THE REPRESENTATION DATED 20.11.2009 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT-COMMISSIONER RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W.P.C. No. 35139 OF 2009 -------------------------------------------- Dated this the 10th day of June, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the petitioners and standing counsel for the Devaswom Board. Even though the prayer in the WPC is for direction to the Devaswom Board to reconstruct the Sree Kovil, we felt that work could be handed over to the Temple Advisory Committee. It will share part of the cost and Devaswom will pay Rs. 2 lakhs. Even though estimated cost was Rs. 2.25 lakhs, the contractor has quoted 50% above the estimated cost. However, in order to reduce the cost, it was our suggestion to have the construction done by the Temple Advisory Committee. Temple Advisory Committee represented by President and Secretary have filed a statement undertaking to take up and complete the construction in accordance with the plan approved by the Devaswom. Standing counsel for the Devaswom Board submitted that construction should be under the supervision of technical staff of the Devaswom and that payment will be made by the Devaswom in WPC 35139/2009 2 instalments on evaluation made by the Executive Engineer. 2. After hearing both sides we dispose of the WPC directing the Devaswom to permit the petitioners to take up and complete the construction of Sree Kovil under the supervision of Executive Engineer of the Karunagappally Group and his subordinates. Foundation work will be done by the petitioners with the funds raised by them. As and when foundation is laid first instalment of Rs. 50,000/- will be paid by the Devaswom and depending upon the progress in work, balance will also be paid in three equal instalments of Rs. 50,000/- each. As stated above, Executive Engineer will supervise the work. Petitioners will comsplete the construction of the Sree Kovil within four months from now. Petitioners will maintain accounts about the collections and expenditure and the same will be submitted to the Devaswom Officer for audit. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WPC 35139/2009 3