Judgment
1 DBP No.103 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR. JUSTICE G.GIRISH THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945 DBP NO. 103 OF 2023
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS INITIATED - REG.
------------ TRAVANCORE DEVASWOM BOARD - REPORT NO. 43 OF 2023 IN PETITION NO.3 OF 2023. APPROVAL FOR THE AWARD OF CONTRACT FOR THE WORK OF TRAVANCORE DEVASWOM BOARD - MULTI STORIED BUILDING AT PUTHENCHANTHA, TRIVANDRUM
PETITIONER:
THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS EXECUTIVE ENGINEER ELECTRICAL DIVISION, CHENGANNUR
SRI G.BIJU- STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD RESPONDENT:
THE DEPUTY DIRECTOR LOCAL FUND AUDIT, THIRUVANANTHAPURAM
SRI M.RAJEEV- GOVERNMENT PLEADER ;
SRI P.RAMACHANDRAN - AMICUS CURIAE FOR OMBUDSMAN
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O R D E R G.Girish,J
The Travancore Devaswom Board represented by its Executive Engineer, Electrical Division, Chengannur has filed Maramath Petition No.3 of 2023 seeking approval of the award of contract for the work of construction of a multi storied building at Puthenchantha, Thiruvananthapuram, providing HT & LT Electric Service connection including supply, installation, testing and commissioning of 160 KVA USS (Indoor Transformer) and 125 KVA DG set with all allied equipments and accessories etc. for regularising the existing electrical installations to the building.
2.
The estimated cost of the work comes to Rs.49,50,000/-.
Before the learned Ombudsman, notice was issued to the Deputy Director, Local Fund Audit. On 21.8.2023, when Petition No.3 of 2023 came up for consideration, the Liaison Officer of the Cochin Devaswom Board produced the request of the Executive Engineer, Electrical Division, Chengannur, for permission to withdraw the petition on the ground that the contractor has expressed his unwillingness to proceed with the work in the absence of any GST provision and, as the rate of the transformer and generator has increased. In view of the subsequent development as above, the Board sought permission before the learned Ombudsman to withdraw
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the Maramath petition, ie. Petition No.3 of 2023. Accordingly, the learned Ombudsman has filed Report No.43 of 2023, based on which this DBP is registered.
3.
The learned Standing Counsel for the Travancore Devaswom Board would submit that the contractor has expressed his unwillingness to proceed with the work in the absence of GST provision and as the rate of transformer and generator has increased considerably. It is for that reason that request was made before the learned Ombudsman to withdraw the Maramath petition, ie., Petition No.3 of 2023.
4.
We also heard the learned Government Pleader for the respondent Deputy Director, Local Fund Audit.
Having considered the report of the learned Ombudsman and also the submissions made at the Bar, this DBP is closed granting permission to the Devaswom Board to withdraw Petition No.3 of 2023, without prejudice to the right of the Board to file fresh petition for that purpose, at appropriate time.
(sd/-) ANIL K. NARENDRAN, JUDGE
(sd/-)
G. GIRISH, JUDGE jsr