IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 DBAR.No. 2 of 1998() (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - AUDIT REPORT FOR THE YEAR 1996-97) PETITIONER: ------------- THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. R. LAKSHMINARAYAN. RESPONDENT: --------------- THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. ADV. SRI.NAGARAJ NARAYANAN, SC, TDB SRI. KRISHNAKUMAR MANGOT - AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD AUDIT REPORT HAVING COME UP FOR ORDERS ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = D.B.A.R. NO. 2 OF 1998 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 9TH DAY OF JULY, 2009. O R D E R Raman, J. This pertains to the Audit Report 1996-97. Except Paragraphs 43(5) and 37(17), all other objections are closed. Paragraph 43(5) relates to construction of Kalyanamandapam Auditorium etc. in PD Navaikulam Devaswom. It is seen from the audit objection that the Chief Engineer (Devaswom) has objected to the construction since on completion of the work the total cost will come to Rs. 45 lakhs as against the estimate of Rs. 25,53,000/-. Though that being the recommendation, the work was tendered overlooking the objection and the same was awarded to M/s. Metaguard who agreed to do the work at 75% above the estimated cost. Since the contractor did not do the work, a nominee of the temple committee executed the work at 73% above the estimate rate and he was exempted from the security deposit. The work has been completed as early as in 2001 and the building also yields income by way of rent. The only objection seems to be is that no security was taken from the nominee of the DBAR 2/1998 :2: Temple Committee. At this distance of time, we do not think any further action in this matter is feasible. Since the construction is already completed long back and the building also yields profitable returns, the matter is only to be closed. 2. Paragraph 37(17) relates to excess amount of Rs. 8,450/- paid for Thalayilkettu and other Chamayams taken for Vaikkathu Ashtami Festival. This amount was spent without prior sanction. In the factual situation, we find that it was the necessity that made them to expend the amount and the objection is over ruled. The Audit Objection is closed. In the circumstances, DBAR 2/1998 is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-