IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 25TH APRIL 2011 / 5TH VAISAKHA 1933 DBP.No. 56 of 2011() ------------------------------ IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-CLEANING THE ROOMS AND TOILETS IN VARIOUS BUILDING AT SABARIMALA-TDB REPORT (S).NO.75/2011 SUBMITTED BY THE OMBUDSMAN-SUO-MOTU PROCEEDINGS INITIATED-REG. ............... PETITIONER: -------------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC, TDB RESPONDENT(S): ------------------------- DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. BY ADV. SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. BY ADV. SRI.D. ANIL KUMAR, AMICUS CURIAE. THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 25/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = D.B.P.No.56 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of April, 2011. Order Thottathil B.Radhakrishnan, J. 1.We have perused the estimate at Annexure-A and also Annexure-B communication from the Secretary, TDB to the Chief Engineer(General). We have also seen the report of the learned Ombudsman in TDB Report No.75/2011. We are of the view that the works in question have to be carried out in a time bound manner and we accede to the suggestion regarding the estimate following the recommendations of the estimate preparing authority and the learned Ombudsman. We grant the relief as sought for in this DBP in terms of the contents of the report of the learned Ombudsman in TDB Report No.75/2011, including as regards necessary clauses for forfeiture of security etc. 2.While ordering this DBP as aforesaid, we are of the view that there should be satisfactory DBP56/11 -: 2 :- material on record disclosing the clear identity of all the buildings meant for occupation, including commercial, in Sabarimala. This includes Sannidhanam, Pampa and other attendant places. We, therefore, want the Executive Engineer, Sabarimala to provide a detailed specific report regarding the buildings, commercial as well as non-commercial, meant for occupation in Sannidhanam, Pampa and elsewhere in connection with Sabarimala. This shall include clear details of buildings which are in actual occupation and possession of the Board and rooms or spaces which are permitted to be occupied by other Governmental or Non-Governmental agencies. The report shall also state whether any space or room or building of TDB is in occupation of any establishment, including Government departments in excess of those covered by the written Board orders. We are told that there is a newly formed Estate Department, however that, the aforesaid work can be done by the Executive Engineer, Sabarimala. We direct that such report shall be DBP56/11 -: 3 :- filed with a copy of this order before the learned Ombudsman within one month, without fail. 3.We further direct that if any space or room is found to be in occupation of any person, department or agency otherwise than under written Board orders, the Board shall take immediate steps to get vacant possession of those premises and file report before the learned Ombudsman in that regard also. 4.Office will communicate a copy of this order to the learned Ombudsman. DBP ordered accordingly. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2504