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 DBA.No. 41 of 2009() -------------------- (IN THE MATTER OF APPROVAL AND SANCTION FOR CONSTRUCTION OF MULTISTORIED BUILDING FOR ACCOMMODATING PILGRIM SHELTER, OFFICE COMPLEX AND COMMERCIAL COMPLEX IN THIRUNAKKARA DEVASWOM IN KOTTAYAM GROUP.) PETITIONER --------------- THE TRAVANCORE DEVASWOM BOARD, REP.BY ITS SECRETARY,THIRUVANANTHAPURAM. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB RESPONDENT(S): RESPONDENT ------------------------- THE DEPUTY EXAMINER, LOCAL FUND AUDIT, THIRUVANANTHAPURAM. BY SENIOR GOVT. PLEADER SRI.R.LAKSHMI NARAYAN. BY ADV. SRI.M.KRISHNA KUMAR MANGOT (AMICUS CURIAE FOR OMBUDSMAN) THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- D.B.A. No. 41 of 2009 ------------------------------- Dated this the 9th July, 2009 O R D E R Raman, J. Pursuant to the order passed by us on 21.5.2009, Ombudsman has filed its report. 2. This application is filed seeking approval and sanction for construction of multi storied building for accommodating pilgrim shelter, office complex and commercial complex in Thirunakkara Devaswom in Kottayam District. The estimate is calculated at Rs.1,40,77,000/=, that too based on 2008 schedule of rates. Admittedly this is not included in the budget. Ombudsman reports that after discussion with the Assistant Engineer, only if excess amounts are also sanctioned, a contractor will come forward for taking the contract and the D.B.A.No.41 of 2009 2 excess will not be less than 30 to 40% of the estimate amount. Therefore, the approximate amount required will be Rupees Two Crores. It is also stated that in the proposed building, there are only six shop rooms, and the rent from these shop rooms will not fetch that much amount to make the investment economically viable . We agree with the recommendation of the Ombudsman. 3. In the result, the sanction is declined. However, it is open to the Board to re-consider the matter, in the light of the report of the Ombudsman, and in case the proposal is modified for a lesser amount, then the same may be considered and fresh sanction can be obtained. Further, instead of giving importance to such construction of complex, preference should be given to the repairs and construction of Sreekovils, where ever it is found necessary. However, this order will not prevent the D.B.A.No.41 of 2009 3 Board from seeking further sanction, after revised report and plan is prepared with lesser amount. D.B.A. is accordingly closed. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.