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 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 DBA.No. 147 of 2009() --------------------- (IN THE MATTER OF APPROVAL AND SANCTION FOR URGENT REPAIRS AND MAINTENANCE TO SADYALAYAM, MALIKA BUILDING, ANAKKOTTIL AND PROVIDING DRAINAGE SYSTEM IN THIRUVARPPU 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): --------------- THE DEPUTY EXAMINER, LOCAL FUND AUDIT, THIRUVANANTHAPURAM BY GOVT. PLEADER SRI.V.T.K.MOHANAN BY ADV. SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON ------------------------------- D.B.A.No.147 of 2009 ------------------------------- Dated this the 3rd December, 2009 O R D E R Raman, J. This is an application to accord sanction for effecting urgent repairs and maintenance to Sadyalayam, Malika Building, Anakkottil and providing drainage system in Thiruvarppu Devaswom in Kottayam Group, supported by an affidavit. It is stated that the Board accorded administrative sanction for the work; the work was awarded on contract to Sri.T.Sajeev at 32% excess over the sanctioned estimate rates on negotiation with the Board; and the Board also accorded sanction for the same. That means the estimate prepared was modified on negotiation, without permission from this Court. However, the Ombudsman, in his report, states that he had occasion to see the Malika Building and Sadyalayam, and urgent repairs are to be done. But according to him, with regard to the amount for which DBA.No.147 of 2009 2 the work is awarded, nothing is brought to his notice to show that it is excess. 2. In the circumstances, accepting the report of the Ombudsman, sanction sought for is granted, and it may be included in the priority list and will be taken up subject to budgetary provision. We make it clear that it should also be subject to usual audit. D.B.A. is allowed as above. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE nj.