Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 D.B.P.NO. 14 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS INITIATED - REG.
------------ TRAVANCORE DEVASWOM BOARD - SPECIAL REPORT NO.41 OF 2022 - IN THE MATTER OF INSPECTION OF DEVASWOM BOARD COLLEGES AT SASTHAMKOTTA, PARUMALA AND ERAMALLIKKARA PETITIONER:
THE TRAVANCORE DEVASWOM BOARD* REPRESENTED BY THE EXECUTIVE ENGINEER, KOTTAYAM DIVISION, KOTTAYAM 686001 *TRANSPOSED AS 2ND RESPONDENT VIDE ORDER DATED 11/04/2023 IN DBP.NO.14/2023) Suo motu RESPONDENTS:
1 THE DEPUTY DIRECTOR** KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM – 695003.
**STATUS CORRECTED AS 1ST RESPONDENT VIDE ORDER DATED 11/04/2023 IN DBP.NO.14/2023
2 D.B.P.No.14 of 2023 2 THE TRAVANCORE DEVASWOM BOARD*** REPRESENTED BY THE EXECUTIVE ENGINEER, KOTTAYAM DIVISION, KOTTAYAM, PIN -686001.
***TRANSPOSED AS 2ND RESPONDENT VIDE ORDER DATED 11/04/2023 IN DBP.NO.14/2023 3**** THE CHIEF ENGINEER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003 ****IS SUO MOTU IMPLEADED AS ADDITIONAL 3RD RESPONDENT AS PER ORDER DATED 11/04/2023 IN DBP.NO.14/2023 R1 BY SRI S.RAJMOHAN, SR.GOVERNMENT PLEADER R2 & R3 by SRI G.BIJU, STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD, OTHER PRESENT:
SRI P.RAMACHANDRAN- AMICUS CURIAE THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON 05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3 D.B.P.No.14 of 2023 O R D E R P.G. Ajithkumar, J.
This D.B.P. is registered suo motu based on Special Report No.41 of 2022 of the learned Ombudsman, which is one filed pursuant to the directions contained in the order dated 11.10.2022 in D.B.P.No.59 of 2022, which was registered based on TDB Report No.24 of 2022 filed by the learned Ombudsman in Petition No.6 of 2022 filed by the Travancore Devaswom Board seeking approval for the award of contract for the work of special repairs to the buildings for increasing service life of Devaswom Board College, Thalayolaparambu, Vaikom Group.
2.
On 17.02.2023, when this D.B.P. came up for consideration, Travancore Devaswom Board was directed to take necessary steps to ensure the safety of the students, staff and teachers of the respective institutions by taking appropriate precautionary measures. On 27.02.2023, when this DBP was taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that
4 D.B.P.No.14 of 2023 based on Special Report No.41 of 2022 of the learned Ombudsman, the Secretary of the Board has issued a communication dated 25.02.2023 to the Chief Engineer to furnish a detailed report on the issues pointed out in the report of the learned Ombudsman. On 11.04.2023, when this DBP was taken up for consideration, the learned Standing Counsel, on instructions, submitted that pursuant to the communication dated 25.02.2023 issued by the Board, the Chief Engineer has submitted a detailed report on the issues pointed out in the report of the learned Ombudsman, which will be placed before the Board in its next meeting itself. By the order dated 11.04.2023, this Court made it clear that it is for the Board to take remedial measures, in terms of the report of the Chief Engineer, without any delay.
3.
On 07.06.2023, the learned Standing Counsel for the Travancore Devaswom Board, based on the written instructions received from the additional 3rd respondent-Chief Engineer submitted that administrative sanction has already been granted by the Board in respect of certain works referred
5 D.B.P.No.14 of 2023 to in the report of the learned Ombudsman. The 3rd respondent-Chief Engineer was directed to file a detailed affidavit in regard to the steps taken in the above regard.
4.
In terms of the said direction, the 3rd respondent has filed an affidavit stating the steps taken in regard to the repair and maintenance works of the three colleges under the management of the Travancore Devaswom Board. The details are as follows:- “(A) Kumbalathu Sanku Pillai Memorial Devaswom Board College,
Sasthamkotta In order to rectify the leakage of the History block an estimate amounting to Rs.7,67,000/- based on DSR 2018 including 18% GST was sanctioned by the Board and contract proposal was submitted to the Board in favour of the contractor Sri. M Baiju at 9.1% below the sanctioned estimate rates. The work can be completed soon after getting contract sanction from the Board.
As referred in Para (4) of the Hon'ble Ombudsman report, an estimate for repairs to the Chemistry block was sanctioned for Rs.64,10,000/- based on DSR 2018 including 18% GST and contract was awarded in favour of Sri. J Harikumar at 7.3% below the estimated rates.
The Executive Engineer, Mavelikkara is instructed to file
6 D.B.P.No.14 of 2023 Maramath petition for getting approval from this Hon'ble Court for executing the work.
In Para (6) of the report certain repair works in the Botany Block and auditorium were pointed out. An estimate for Rs.77,47,880/- was sanctioned and contract was awarded to Sri. V Dileep Kumar at 9.24% below sanctioned estimate rates. But based on the discussion with the Principal, Executive Engineer and Assistant Engineer certain modifications has been suggested in respect of the sound system inside the auditorium to avoid echo. The estimate has to be recasted based on the present requirements. The repair works and painting works of the Botany department were carried out before the NAAC visit.
In para (8) of the report it was pointed out to do certain urgent maintenance works before the NAAC team visit.
It is submitted that necessary maintenance has already been done as per the requirements of the college authorities.
(B) DB College, Parumala.
In DB College Parumala following estimates are being prepared in the Office of the Executive Engineer and Assistant Engineer, Mavelikkara.
(i) Repairs and maintenance to the Library building over roof:- There was an estimate in the previous schedule of rates for Rs.8,27,529/- and the same is
7 D.B.P.No.14 of 2023 being revised as per DSR 2018, the current schedule of rates.
(ii) Repair and maintenance to the Chemistry department:- The Estimate for the work has already been prepared for Rs.4,30,000/- and the same is under scrutiny in the office of the Executive Engineer, Mavelikkara.
(iii) Repairs and maintenance to the Commerce and Economics department buildings:- The estimate for the work is under preparation in the office of the Assistant Engineer.
(iv) Repair and maintenance to the Zoology department building:- The estimate for the work being prepared in the office of the Assistant Engineer.
(v) Repairs and maintenance to the Hindi Department building:- The estimate for the work being prepared in the office of the Assistant Engineer.
In this connection it is submitted that the small banyan tree and other small trees which were causing damage to the buildings, as pointed out in the report of the learned Ombudsman, had already been cut and removed to prevent future damage to the structures.
(C) Sree Ayyappa College, Eramallikkara The status of the works found necessary in Sree Ayyappa College are as follows:
(i) Providing Polycarbonate sheet to the open courtyard:- Administrative sanction for the work was
8 D.B.P.No.14 of 2023 accorded for Rs.5,74,000/- and the contract proposals are forwarded to the Board for sanction.
(ii) Constructing a semi permanent building for conducting classes and seminar Hall:- Administrative sanction for the work was accorded by the Board for Rs.62,54,000/- based on DSR 2018 including 18% GST and contract proposals were forwarded to the Board for sanction. The work will be commenced after obtaining sanction from this Hon'ble Court.
(iii) Changing broken window glasses:- The estimate prepared for the work is under scrutiny in the office of the Executive Engineer.” 5.
The 3rd respondent submitted that on executing the aforesaid works, the major issues pointed out by the learned Ombudsman would be addressed. The aforesaid repair and maintenance works, as stated by the 3rd respondent, would resolve the immediate issues relating to the college buildings, but there shall be a permanent solution for the similar issues.
In respect of not only the said colleges, but also other educational institutions under the management of the Travancore Devaswom Board, the 3rd respondent-Chief Engineer and also the 2nd respondent-Travancore Devaswom Board have the obligation to ensure that all such issues
9 D.B.P.No.14 of 2023 arising in future are addressed with immediate effect. There shall be a system for identification of the repairs and maintenance required for the buildings of the educational institutions and to carry out such repairs and maintenance with immediate effect. The Travancore Devaswom Board shall evolve a mechanism which enables to have a regular monitoring of such matters.
6.
In such circumstances, we dispose of this D.B.P.
directing the 3rd respondent-Chief Engineer to ensure completion of the repair and maintenance work relating to the three colleges, namely, Kumbalathu Sanku Pillai Memorial Devaswom Board College, Sasthamkotta, DB College, Parumala and Sree Ayyappa College, Eramallikkara, as expeditiously as possible. The respondent Nos.2 and 3 are also directed to ensure that in the event of arising the need of having repair and maintenance of any building of the educational institutions under the management of the Board, the same is attended to without any delay. The 3rd respondent is further directed that he shall file a status report in regard to the
10 D.B.P.No.14 of 2023 aforesaid matters before the learned Ombudsman in every six months. The learned Ombudsman is requested to place before this Court matters which require consideration and orders from this Court.
The D.B.P. is disposed of accordingly.
Sd/- ANIL K. NARENDRAN, JUDGE Sd/- P.G. AJITHKUMAR, JUDGE dkr