IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 DBP.No. 1 of 2009() ------------------- (IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - ERECTION OF GOLDEN FLAGMAST AT SREE LEKSHMY VARAHA MOORTHY TEMPLE, SREEVARAHAM, THIRUVANANTHAPURAM - REPORT NO.1/2009 BY OMBUDSMAN RECEIVED - SUO – MOTU PROCEEDINGS INITIATED – REG:) PETITIONER: COMPLAINANT (S): --------------- SAJAN DAS.R., EX.SECRETARY, TEMPLE ADVISORY COMMITTEE, SREEVARAHAM TEMPLE, T.C.40/812, THRIKKARTHIKA, SREE VARAHAM, THIRUVANANTHAPURAM & OTHERS. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. RESPONDENT(S): --------------- 1. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 2. THE SECRETARY, TEMPLE ADVISORY COMMITTEE, SREE LEKSHMI VARAHA MOORTHY TEMPLE, SREEVARAHAM, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD AUDIT, THIRUVANANTHAPURAM. BY ADV. SRI.K.N.VENUGOPALA PANICKER SC FOR TDB SRI.S.RAMAN POTTI(ADV.COMMISSIONER) FOR ADV.COMMISSIONR BY ADV. SRI.R.S.KALKURA FOR R2 BY GOVT. PLEADER SRI.R.LAKSHMI NARAYANAN. BY ADV. SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- D.B.P.No. 1 of 2009 ------------------------------- Dated this the 26th February, 2009 O R D E R Raman, J. In continuation of our order dated 12.2.2009 and after hearing the parties, the following order is passed. 2. The learned Counsel, Sri.R.S.Kalkura, appearing on behalf of new temple committee submitted that regarding the remuneration payable to the Advocate Commissioner, the earlier decision not to fix any amount has since been cancelled and they will be paying remuneration as per the order of this Court from time to time. This submission is recorded. 3. The next aspect was regarding the melting of gold by a Mill within the State. The Director of Bureau of Indian Standards, Pattam, Thiruvananthapuram, was asked whether they can depute a qualified person to supervise and certify the D.B.P.No.1 of 2009 2 purity of gold. The learned Central Government Standing Counsel appearing on behalf of Bureau of Indian Standards submits that they have no expertise in the matter of certification of the purity of the gold, to supervise the process of melting and they are getting such expertise only from the Government of India. As such, no purpose will be served by deputing a person from that Department. A letter received from the Bureau of Indian Standards, dated 25.2.2009, in this regard, was handed over to us for perusal. 4. The Standing Counsel appearing on behalf of Travancore Devaswom Committee has filed a detailed report. The matter was considered by the Board and it was informed that the Board, by its order No. ROC 1515/03/M dated 25.2.2009, had decided to give the gold for purification to the Chemmannoor Gold Refinery Pvt. Ltd. and a letter has already been given by the Board to the Deputy Commissioner, a copy of which is marked as Annexure-I. They also prayed for acceptance of the selection of the said Refinery, for the purpose of melting the gold. D.B.P.No.1 of 2009 3 It is also submitted that the Government of India has approved certain private refineries as Bullion Manufacturer and Chemmannoor Gold Refinery Pvt. Ltd. is one among such manufacturers. 5. The party appearing in the case has also no objection in accepting the Chemmannoor Gold Refinery Pvt. Ltd. for the purpose of melting the gold. 6. Accordingly, we accord approval to the action taken by the Board in this regard. The gold will be weighed and entrusted to the Chemmannoor Gold Refinery Pvt. Ltd. for necessary processing and purification. The Advocate Commissioner will over see the gold purification work. The Board will give necessary directions, if any, required in this regard to the Deputy Commissioner. There shall not be any delay in the matter of getting the gold purified. It may also be noticed that only after melted gold is obtained, the Deputy Commissioner can entrust the same to the Contractor, and thereupon he will have to take his own time for plating. D.B.P.No.1 of 2009 4 Therefore, time is very short at our disposal and everybody shall co-operate to see that no delay is caused in completing the said processes. D.B.P. is accordingly closed. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.