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 6TH APRIL 2011 / 16TH CHAITHRA 1933 DBA.No. 36 of 2010() -------------------------- APPLICANT ------------------ SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. BY ADVS. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B SMT.P.K.RADHIKA SRI.C.E.UNNIKRISHNAN,SC,COCHIN DEV.BOARD RESPONDENTS: ----------------------- DEPUTY DIRECTOR, LOCAL FUND ACCOUNTS, C.D.B AUDIT, THRISSUR. BY GOVERNMENT PLEADER SRI. LAKSHMINARAYAN ADV. SRI. KRISHNAKUMAR MANGOT AMICUS CURIAE FOR THE OMBUDSMAN THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SMT THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------ DBA No.36 of 2010 --------------------------------- Dated this the 6th day of April 2011 O R D E R Thottathil B. Radhakrishnan, J. This application was filed by the CDB seeking approval for a composite contract to one K.K.Asokan to put up vazhipadu counter in 30 temples. When the matter went up to the learned Ombudsman, this suggestion itself turned out to be baseless because the requirement of counters in 30 different temples would definitely vary in size. There cannot be any standard form for vazhipadu counters. We have also looked at the suggestion as at present, which is reflected by the drawing in relation to the contract. It shows that there will be a mobile structure using G.I. Sheets and other materials. The learned standing counsel DBA No.36 of 2010 -: 2 :- for the CDB states that tickets and cash collection would be inside the vazhipadu counter and staff would be available inside the counter. However, the suggestion of the CDB that the need to have such counters is to meet situation of rain and other weather conditions, does not appear to be wholesome. If it rains, what would happen to the devotees? They would have to stand in the rain to take the tickets. If it shines, they would still be to suffer. There is no suggestion for any roof to shelter the devotees. We do not find it necessary to grant permission to the CDB to proceed as of now in terms of the suggestions of the learned Ombudsman. We, therefore, order that if there is any requirement for vazhipadu counters in any temple, let us such proposal be placed before the learned Ombudsman on a temple to temple basis with the acceptance of the TAC to carry out the work from locally generated funds, though a small portion of such expenditure, if found absolutely necessary, could come from the Board funds. We DBA No.36 of 2010 -: 3 :- therefore, reject the DBA and order that any requirement for vazhipadu counters in the temples would be in terms of the aforesaid. THOTTATHIL B. RADHAKRISHNAN, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. Jvt