IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 DBP.No. 24 of 2011() ------------------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - ANNUAL MAINTENANCE WORK TO THE TEMPLES UNDER THE BOARD - REPORT NO.20/2011 SUBMITTED BY THE OMBUDSMAN - SUO-MOTU PROCEEDINGS INITIATED - REG.) ......... COMPLAINANT(S): --------------------------- SHRI. B.VELAPPAN NAIR, 'KUMAR NIVAS', T.C.NO.10/58, KILLIYAR GARDENS, PIPPINMOODU, SASTHAMANGALAM. BY ADV. RESPONDENT(S): ---------------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHENCODE, THIRUVANANTHAPURAM. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM - 695 003. 3. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TDB AUDIT,THIRUVANANTHAPURAM. R1& R2 BY ADV.SRI.K.N.VENUGOPALA PANICKER, SC, TDB R3 BY GOVERNMENT PLEADER SRI. K.LAKSHMI NARAYAN SRI.KRISHNAKUMAR MANGOT (AMICUS CURIE) FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = D.B.P.No.24 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of February, 2011. Order Thottathil B.Radhakrishnan, J. We have heard the learned amicus for the learned Ombudsman and the learned standing counsel for the TDB, in the light of the report of the learned Ombudsman drawn up on the basis of the complaint of Sri.B.Velappan Nair. We have also perused the Board decision dated 17.3.2010. The Chief Engineer(General) of the Devaswom appears to have recommended to the Board that the maintenance of the temples in connection with the festivities have to be done by the Temple Advisory Committees at their expense. For this purpose, the recommendation is made as if the maintenance of the temple can be clubbed with activities like putting up of panthal for the festival, etc. The maintenance that has to be effected is the work that has to be carried out DBP24/11 -: 2 :- on the existing structures as maintenance works. That has necessarily to be carried out by the Board. That cannot be clubbed with the expenditure that the TACs and the devotees may incur for the putting up of the panthal or even making any temporary structures in connection with the festivals and other expenses that may be incurred in connection with the festival. Therefore, we accept the suggestion of the learned Ombudsman and order that it is only appropriate that the maintenance works of the temples, even if they are carried out just before, and in connection with, the festival, that shall be done at the expense of the Board and shall not be passed on to the TACs. Let the decision of the Board, considering the aforesaid follow within two months from now. The DBB ordered accordingly. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2602