Judgment
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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 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945 DBP NO. 23 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - KOTTARAKKARA SRI MAHA GANAPATHY TEMPLE, KOTTARAKKARA - MATTER PERTAINING TO MAINTENANCE AND REPAIR OF SREEKOVIL OF KOTTARAKKARA SRI MAHA GANAPATHY TEMPLE. *(THE NAME OF THE TEMPLE IS SUO MOTU CORRECTED AS “P.D.MANIKANDESWARAM DEVASWOM, KOTTARAKKARA” INSTEAD OF “KOTTARAKKARA SRI MAHA GANAPATHI TEMPLE” VIDE ORDER DATED 05.01.2023 IN DBP NO.23 OF 2023)
PETITIONER:
SUO MOTU
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003.
3 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM - 695003.
4 ASSISTANT COMMISSIONER,
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TRAVANCORE DEVASWOM BOARD, KOTTARAKKARA GROUP, KOTTARAKKARA P.O., KOLLAM 691506.
5 ADMINISTRATIVE OFFICER, KOTTARAKKARA SRI MAHA GANAPATI TEMPLE, KOTTARAKKARA P.O., KOLLAM - 691506.
6 TEMPLE ADVISORY COMMITTEE, KOTTARAKKARA SRI MAHA GANAPATI TEMPLE, REPRESENTED BY ITS SECRETARY, KOTTARAKKARA P.O., KOLLAM - 691506.
*THE DESCRIPTION OF 6TH RESPONDENT IS CORRECTED AS "P.D.MANIKANDESWARAM DEVASWOM, KOTTARAKARA" INSTEAD OF KOTTARAKKARA SRI MAHA GANAPATHY TEMPLE AS PER ORDER DATED 05/04/2023 IN DBP.NO.23/2023.
SRI S.RAJMOHAN- SR GOVERNMENT PLEADER ;
SRI G.BIJU -STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER Anil K. Narendran, J.
This DBP is registered suo motu since it was brought to the notice of this Court by a devotee of Kottarakkara Sree Maha Ganapathy Temple (P.D. Manikandeswaram Devaswom) that the Sreekovil of the temple in which Lord Siva and Goddess Parvathy are the main idols requires urgent repair and maintenance, as it is in a dilapidated condition.
2.
On 05.04.2023, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that, for repair and renovation of the Sreekovil, providing mural paintings, etc. in P.D.Manikandeswaram Devaswom, a revised estimate has already been prepared in the year 2022. The Board accorded sanction for the said work on 23.03.2023. E-tenders were invited and the last date for receipt of tender is on 06.04.2023. The learned Standing Counsel submitted that an affidavit on behalf of the 2nd respondent, producing therewith few photographs of the temple structures, shall be placed on record by 12.04.2023.
3.
Today, when the matter is taken up for consideration, an affidavit dated 11.04.2023 on behalf of the 2nd respondent is
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placed on record. Paragraphs 5 to 7 of that affidavit read thus;
“5. It is submitted that thereafter the estimate was revised with some modifications including provision for re-plastering, providing mural painting, improvements for the ornamental works etc., for an amount of Rs.37,55,000/-. The Board granted administrative sanction for the revised estimate after cancelling the previous estimate, as per ROC No.8481/20/M dated 12.10.2021. Though competitive e- tenders were invited five times fixing the last date of receipt of tender on 08.11.2021, 25.12.2021, 07.02.2022, 11.04.2022 and 18.05.2022, there was no response to the tender calls.
6. It is submitted that based on the direction from the Chief Engineer, vide letter No.384 dated 02.06.2022, the estimate was revised based on current schedule rate, DSR 2018 including GST. The revised estimate has been forwarded to the Chief Engineer on 16.08.2022. the revised estimate was placed before the Board and administrative sanction has been obtained as per ROC No.8481/20/M dated 23.03.2023 for the work at a revised estimated cost of Rs.47,22,000/-.
True copy of the administrative sanction accorded by the Travancore Devaswom Board as per ROC No.8481/20/M dated 23.03.2023 along with the revised estimate as produced herewith and marked as Annexure R2(b).
7. It is submitted that competitive e-tenders were invited fixing the last date of receipt of tenders on 06.04.2023, to which also nobody responded. Now steps are underway to re-tender the work.”
Having considered the averments in the affidavit dated
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11.04.2023 of the 2nd respondent Travancore Devaswom Board, this DBP is disposed of by directing the Board to take further steps pursuant to e-tender notification dated 06.04.2023 and complete the renovation work in question, without any further delay.
Sd/- ANIL K. NARENDRAN, JUDGE
Sd/- P.G. AJITHKUMAR, JUDGE yd
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APPENDIX
2ND RESPONDENT ANNEXURES Annexure-R2(b) True copy of the administrative sanction accorded by the Travancore Devaswom Board as per ROC No.8481/20/M dated 23.03.2023 along with the revised estimate Annexure-R2(a) True copy of photographs of the main Sreekovil