IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 DBA.No. 21 of 2010() ------------------------------- IN THE MATTER OF APPROVAL AND SANCTION FOR CONSTRUCTION OF FIRST AND SECOND FLOOR OF OOTTUPURA AND AUDITORIUM IN NETTORKOTTUKAVU DEVASWOM IN THRIKKARIYOOR GROUP. ........................ PETITIONER ------------------ THE TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB RESPONDENT(S): --------------------------- 1. THE DEPUTY EXAMINER, LOCAL FUND AUDIT, THIRUVANANTHAPURAM. *ADDL. R2 IMPLEADED ADDL. R2: TEMPLE ADVISORY COMMITTEE, REP. BY ITS PRESIDENT, NETTOORKOTTUKAVU DEVASWOM, THRIKKARIYOOR GROUP, MUVATTUPUZHA, ERNAKULAM DIST. * IS IMPLEADED AS ADDITIONAL SECOND RESPONDENT, AS PER ORDER DATED 20/05/2010 IN DBA.21/2010. R1 BY GOVT. PLEADER R2 BY ADV. MR. R. BINDU SASTHAMANGALAM. ADV. MR.KRISHNA KUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - D.B.A. No. 21 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September, 2010. JUDGMENT Thottathil B. Radhakrishnan, J, Temple Advisory Committee has filed a report taking the stand that it will not take up the financial responsibility for the construction of Oottupura. Though Oottupura is necessary for certain ceremonies in the temple, the report of the Ombudsman will show that the predominant requirement is to generate further income by further augmenting the facilities, since the ground floor has already been completed. In this view of the matter, there is no reason why the Devaswom Board shall not go ahead with the work since administrative sanction has already been given. 2. Under such circumstances, let the work be done by the Board in terms of its administrative sanction, subject to all other orders regarding finalization of tenders WPC. 2 and clearance by appropriate authorities on finalization of tenders. DBA is ordered accordingly. Thottathil B. Radhakrishnan, Judge P. Bhavadasan, Judge sb.