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 1ST OCTOBER 2009 / 9TH ASWINA 1931 DBP.No. 48 of 2009() -------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - RENNOVATIONWORK OF THIRUVAMBADI SREEKRISHNA SWAMY TEMPLE - REPORT NO. 119/2009 SUBMITTED BY OMBUDSMAN - SUO MOTU PROCEEDINGS INITIATED -:) COMPLAINANT: -------------- SRI. L. SANTHOSH KUMAR, S/O. LAKSHMAN PILLAI, KIZHAKKE ATTOOR, KAVUMBHAGAM, THIRUVALLA, PATHANAMTHITTA. BY ADV. SMT.M.P.MARY RESPONDENTS: --------------- 1. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.N.VENUGOPALA PANICKER SC FOR TDB SR. GOVERNMENT PLEADER SRI. R. LAKSHMINARAYAN. SRI.KRISHNAKUMAR MANGOT - AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. = = = = = = = = = = = = == == = = = D.B.P. NO. 48 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 1ST DAY OF OCTOBER, 2009. O R D E R Raman, J. Based on Complaint No. 21/2008 filed by a devotee of Thiruvambadi Sree Krishna Swamy Temple, Thiruvalla, the Ombudsman, after issuing notices to the respondents and the complainant and after hearing the parties, Report No. 119/2009 has been filed, which has been registered as DBP 48/2009 by this Court. The main grievance raised in the complaint is that the renovation work of the Temple has not yet started. Since there is encroachment on the temple land, he sought for a direction to the respondent to initiate proceedings under the land Conservancy Act. Earlier, this Court in W.P.(C) 160/2008, directed the Travancore Devaswom Board to pass appropriate orders so as to enable the Kshethra Kshema Samithi to take up the renovation work of the Sreekovil. As a matter of fact, detailed consideration was made in the said writ petition considering that the Temple Advisory Committee is prepared to do the work with the supervision of the Officials of the Devaswom Board expending their DBP 48/2009 2 own funds. In the absence of any orders passed by the Board, the work could not be started. 2. An estimate of Rs.8,50,000/- has been prepared by the Chief Engineer of the Board and submitted for administrative sanction. Regarding the encroachment, the Special Tahsildar has filed a report stating that out of the three encroachers, two of them has been evicted under the Land Conservancy Act and the third encroacher has filed a suit as O.S. 30/2009 before the Munsiff's Court, Thiruvalla and obtained an injunction against the Devaswom Board. The suit is pending. The Ombudsman has, therefore, suggested as follows: i. The Hon'ble High Court may direct the Assistant Devaswom Commissioner, Thiruvalla, to affix Devaswom seal on the coupons submitted by the 5th respondent - Temple advisory committee - to collect funds from the public for re-construction of Sreekovil of Thiruvambadi Sree Krishna Swamy Temple at Thiruvalla. ii. To issue necessary direction to the Travancore Devaswom Board to give administrative sanction to construct sub-shrines, Thidappilly, Nadapanthal and compound wall for the estimate amount of Rs. 8,50,000/-, and iii. Also to direct the Devaswom Board to take steps to defend O.S. No. 30/2009 pending before the Munsiff's Court, Thiruvalla, by engaging DBP 48/2009 3 counsel on behalf of the Travancore Devaswom Board. 3. The above suggestions are accepted. Accordingly, the Assistant Devaswom Commissioner, Thiruvalla, is directed to affix Devaswom seal on the coupons submitted by the Temple Advisory Committee to collect funds from the public for reconstruction of the Sreekovil of Thiruvambadi Sree Krishna Swamy Temple at Thiruvalla. We also direct the Travancore Devaswom Board to give administrative sanction in accordance with the direction contained in W.P.(C) 160/2008. As regards the sub-shrines, since the expenditure will have to be incurred by the Devaswom Board, a revised estimate be prepared and administrative sanction accorded. Since this is a matter pertaining to the year 2008, this may be given priority over other works. We further direct the Board to take necessary steps to engage a counsel for defending the suit O.S. 30/2009 pending before the Munsiff's Court, Thiruvalla, if not already done. D.B.A. is closed. P.R. RAMAN, (JUDGE) P.R. RAMACHANDRA MENON, (JUDGE) KNC/-