Travancore Devaswom Board - Tdb vs. The Deputy Director

DBP/121/2023HC KeralaGSTCNR KLHC01085558202312 April 2024Bench: HONOURABLE MR. JUSTICE ANIL K.NARENDRAN,HONOURABLE MR. JUSTICE HARISANKAR V. MENON35 pages

For Petitioner: G.BIJU G, SC, TRAVANCORE DEVASWOM BOARDFor Respondent: ADVOCATE GENERAL OFFICE KERALA, GOVERNMENT PLEADER(GP-1)

AI SummaryPartly Allowed

Held

The Court permitted the Board to proceed with the contract award. However, it directed the Board to ensure that funds collected by Temple Advisory Committees for such works are temporarily transferred to the Devaswom fund, and payments to contractors are made from the Devaswom fund based on bills prepared by the Maramath wing, ensuring effective supervision and regular audit.

Facts

The Travancore Devaswom Board sought court approval to award a contract for repair work (estimated at Rs. 40,38,000/- including 18% GST) to a nominee of the Temple Advisory Committee following fire damage at Kalarkode Devaswom temple. The Local Fund Audit Department raised concerns regarding the auditability of funds managed by the Temple Advisory Committee.

Key Issues

The key legal issues were the approval of a contract for temple repair work, the proper procedure for awarding such contracts to Temple Advisory Committee nominees, and ensuring financial transparency and auditability of funds collected and spent by Temple Advisory Committees for temple works.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 DBP NO. 121 OF 2023 TRAVANCORE DEVASWOM BOARD - REPORT NO. 48/2023 IN PETITION NO. 8/2023 - APPROVAL OF ESTIMATE AND AWARD OF CONTRACT FOR THE WORK DUE TO THE DEVASTATING FIRE THAT OCCURRED TO THE TEMPLE STRUCTURE ATTACHED TO KALARKODE DEVASWOM IN AMBALAPPUZHA - VALIYAMBALAM AND THIDAPPALLY PETITIONERS: 1 TRAVANCORE DEVASWOM BOARD - TDB REPRESENTED BY ITS SECRETRAY 2 THE EXECUTIVE ENGINEER TRAVANCORE DEVASWOM BOARD, MAVELIKKARA BY ADVS. G.BIJU G, SC, TRAVANCORE DEVASWOM BOARD RESPONDENT: THE DEPUTY DIRECTOR LOCAL FUND AUDIT, THIRUVANANTHAPURAM BY ADVS. ADVOCATE GENERAL OFFICE KERALA GOVERNMENT PLEADER(GP-1) OTHER PRESENT: SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD SRI S.RAJMOHAN - SR GOVERNMENT PLEADER THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 DBP No.121 of 2023

Anil K. Narendran, J.

This DBP is registered based on Report No

The judgment continues below.

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