IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 DBA.No. 122 of 2009() --------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - GENERAL ADMINISTRATION - IN THE MATTER OF EXECUTION OF AGREEMENT WITH M/S. SULABH INTERNATIONAL WITH RESPECT TO MAINTAINING THE TOILET BLOCKS AT PAMPA AND NILACKAL.) PETITIONER --------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM-3. BY ADV. SMT.P.VIJAYAMMA RESPONDENT: --------------- THE DEPUTY DIRECTOR OF LOCAL FUND ACCOUNTS, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-3. SR. GOVT. PLEADER SRI. R. LAKSHMI NARAYAN. SRI. KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. = = = = = = = = = = = = == == = = = D.B.A. NO. 122 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 29TH DAY OF OCTOBER, 2009. O R D E R Raman, J. This is an application moved by the Travancore Devaswom Board seeking approval of Annexure A agreement. In the affidavit filed in support of the application, it is averred that the Board was permitted by this Court by the order in D.B.A. 111/2009 to permit M/s. Sulabh International to maintain the toilets/bathrooms at Pampa and Nilackal. It is also averred that M/s. Sulabh International is dedicated to the task of public welfare services and is an organization recognized by the Government of India, various State Governments, Municipalities, local bodies, etc. It is an internationally known voluntary organization rendering social services in improving the environmental sanitation in urban and rural areas and providing sanitation facilities to the people. It has constructed thousands of public latrines, baths, urinals etc. and have been maintaining them on "Pay & Use basis" at important places. Considering the above facts, approval has been granted in DBA 111/2009. DBA 122/2009 2 2. Pursuant to the permission granted, a draft agreement was submitted and the matter was referred to the Ombudsman who filed Report No. 131/2009. The Ombudsman has made certain amendments to Clause 9 of the draft agreement suggesting that the said Clause may also provide for periodic clearance of the liability to ascertain the correctness of the claim within one month of meeting the expenses. 3. In the matter of agreement to be entered into between parties, such draft agreement is not to be vetted by this Court. Since there is a Law Officer appointed by the Travancore Devaswom Board and also number of standing counsel appointed, it is for the Travancore Devaswom Board to finalise the draft with appropriate legal advice. However, in this matter, since we have referred the same to the Ombudsman and submitted a report with certain modifications, the Travancore Devaswom Board can process to finalise the same as per the report. D.B.A. is closed. P.R. RAMAN, (JUDGE) P.R. RAMACHANDRA MENON, (JUDGE) KNC/-