IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 DBP.No. 11 of 2011() -------------------- PETITIONER: -------------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, FOR TDB RESPONDENTS: ---------------------- 1. DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 2. THE TEMPLE ADVISORY COMMITTEE, CHETTIKULANGARA DEVASWOM, CHETTIKULANGARA P.O. R1 BY SR. GOVT. PLEADER : SMT. LAKSHMI NARAYANAN R2 BY ADVS. SRI.P.HARIDAS SMT.S.SIKKY SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN & S.S. SATHEESACHANDRAN, JJ. ........................................... D.B.P No. 11 OF 2011 ........................................... Dated this the 27th day of May, 2011. ORDER Thottathil B. Radhakrishnan, J. We perused report of the learned Ombudsman. We are surprised that a building which was constructed in 1983 has reached the stage called “beyond” repair by this time. We are in complete agreement with the learned Ombudsman that completion of oottupura/sadyalayam and commencement of activities in that building, construction of which commenced 10 years ago, should get priority as per order in DBP No.80/2011. We reiterate that chairs and table for sadyalayam would be purchased following the directions in that case. We also record that the estimate for the utensils for the sadyalayam will be placed before the learned Ombudsman. With all that, we are sure that the permission sought for in relation to the Kodi Archana Building can wait till other important works of urgent nature are completed. DBP No.11/2011 -2- 2. We also notice that in fact, the income expenditure ratio in so far as temple is concerned, reflects availability of funds from the temple income. If that be so, we do not find any reason why the temple pond remains in the condition noted by the learned Ombudsman when he visited the temple. We note that the learned Ombudsman has opined that repairs and cleaning of the temple pond, provision for disposal of solid and liquid waste in the temple and Annadhana Mandapam are other urgent necessities. We direct to the Travancore Devaswom Board to undertake immediate action to have the rectification of the temple pond and Annadhana Mandapan and carry out other urgent necessities including the provision for disposal of solid waste from temple premises. We, direct that the Executive officer shall file an affidavit before the learned Ombudsman within a period of two months, expanding the action taken following this judgment/order and then, the Travancore Devaswom Board may move the learned Ombudsman afresh for consideration of the proposal for reconstruction/repair DBP No.11/2011 -3- of the old Kodi Archana building. DBP 11/2011 ordered accordingly. Communicate the copy of this order to the learned Ombudsman also. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/- S.S. SATHEESACHANDRAN, JUDGE AMG True copy P.A to Judge