IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 DBA.No. 34 of 2010 --------------------------- (IN THE MATTER OF APPROVAL AND SANCTION FOR PROVIDING COPPER SHEETED ROOF TO SREEKOVIL AND MANDAPAM IN BHARADWAJA RISHEESWARAM DEVASWOM IN NEYYATTINKARA GROUP) ............... PETITIONER (S): ----------------------- THE TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.G.BIJU. RESPONDENT(S): ------------------------- THE DEPUTY EXAMINER, LOCAL FUND AUDIT, THIRUVANANTHAPURAM. ADDL.2. THE SECRETARY, TEMPLE ADVISORY COMMITTEE, BHARADWAJA RISHEESWARAM DEVASWOM, NEYYATTINKARA, THIRUVANANTHAPURAM. (The 2nd additional respondent is impleaded as per order dated 27.5.2010 in DBA 34/2010). R1 BY GOVERNMENT PLEADER SRI.R.GITHESH. R2 BY ADV. SRI.G.P.SHINOD THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PETITIONER'S EXHIBITS: ANNEXURE-I-TRUE COPY OF ESTIMATE. ANNEXURE-II-TRUE COPY OF THE LETTER FROM THE SECRETARY DATED -04-2010. ANNEXURE-III-TRUE COPY OF THE REMARKS OBTAINED FROM THE THANTHRI. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- D.B.A.No.34 of 2010 ----------------------------------------- Dated, this the 25th day of October, 2011 O R D E R K.M.Joseph, J. This application is filed seeking sanction for providing copper sheeted roof to Sreekovil and Mandapam in Bharadwaja Risheeswaram Devaswom in Neyyatinkara Group of Travancore Deveswom Board. It is inter alia stated in the application as follows. As directed by the Travancore Devaswom Board, an estimate was prepared by the Executive Engineer, Thiruvananthapuram and the same is checked and closed by the Chief Engineer for an amount of Rs.10,60,000/- based on 1999 schedule rate. For doing the work sanction of the Court is needed. Annexure-I is the estimate. Annexure-II is the copy of the letter from the Secretary, Travancore Devaswom Board to the Chief Engineer informing him of the administrative sanction by the Board. 2. This Court on 5.8.2010 passed the following interim order. DBA 34/2010 -2- “We do not find any justification for copper sheeting the roof of the temple where the annual expenditure is more than double the collections. It is for the Board to consider alternate arrangement with red coated Aluminium sheet of tile profile so that work is done at much lower cost, at the same time, roofing is done beautifully. Replacement of roof need be done only if it is required. In other words, if roof could be repaired at modern cost, Board should prefer it. However, if Temple Advisory Committee or devotees are willing to raise at least 2/3rd of the cost, Board can certainly consider meeting 1/3 of the cost for copper roofing of the Sreekovil.” Thereafter, an affidavit is filed. Therein, it is inter alia stated as follows: “4. It is respectfully submitted that, the Board obtained specific remarks from the Thantri of the Temple as to whether Aluminium tile profile sheet can be used for the roof of the Sreekovil. The Thanthri of the Temple Sri.Parameswaran Vasudevan Bhattathirippadu gave his opinion that the Sreekovil cannot be constructed using Aluminium and Plastic. According to the Thanthri, Sreekovil being the corpus of the deity, it can be constructed only using the materials, which are permitted as per Thantric Principles ie., mud, wood, DBA 34/2010 -3- Copper, Silver and Gold are the materials so permitted. The Thanthri further remarked that the Sreekovil in the Temple is leaking for the past 8 years and adequate repairs to the Sreekovil is urgently required. A copy of the remarks obtained from the Thanthri is produced herewith and marked as Annexure-III.” 3. Today, when the matter came up, we heard the learned counsel for the petitioner and learned counsel for the additional 2nd respondent Temple Advisory Committee. Learned counsel appearing for the 2nd respondent would submit that they have already deposited 15% of the total amount. It is submitted by him that in almost all other temples coming under the petitioner it is the Board which undertakes the work. Learned counsel for the petitioner also says that there is no hard and fast rule and amounts are being given by the Temple Advisory Committee/devotees on the basis of the capacity, willingness and otherwise the Board carries out the work with its own funds. 4. Learned counsel for the 2nd respondent submits that they have already deposited Rs.1,05,000/- and that if the Board demands, the 2nd respondent is prepared to deposit amounts to make up the 20% of the present estimate so that the Board can carry out the work. Learned counsel for the petitioner DBA 34/2010 -4- submits that 80% of the cost will be met by the Board. We record the submissions of the learned counsel for the parties and accord sanction for providing copper sheeted roof to Sreekovil and Mandapam in Bharadwaja Risheeswaram Devaswom in Neyyatinkara Group of Travancore Devaswom Board. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS