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 22ND DAY OF FEBRUARY 2023/ 3RD PHALGUNA, 1944 D.B.P.NO. 13 OF 2023 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS INITIATED - REG.
------------ PETITIONER:
THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY THE EXECUTIVE ENGINEER, KOTTAYAM DIVISION, KOTTAYAM, PIN - 686001 BY SRI G.BIJU, STANDING COUNSEL, TRAVANCORE DEVASWOM BOARD RESPONDENT:
THE DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM – 695003.
BY ADV SHRI.S.RAJMOHAN, SENIOR G.P.
OTHER PRESENT:
SRI P.RAMACHANDRAN -AMICUS CURIAE THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2 D.B.P.No.13 of 2013 O R D E R P.G. Ajithkumar, J.
The
Principal,
Devaswom
Board
College, Thalayolaparambu as per Annexure B report requested to construct over-roof to the Malayalam/Politics Department building of the College. The purpose of the construction was to utilize the area for conducting examinations. An estimate was initially prepared by the Assistant Engineer following the DSR 2016 rate at Rs.29,60,000/-, including 18% GST. The Travancore Devaswom Board accorded administrative sanction and the Chief Engineer (General) accorded technical sanction. The work was tendered and a contractor bid the work. Since it was only a single tender, it was cancelled and a fresh tender was notified. Since no one has come forward, the estimate was revised following DSR 2018 rates. Revised estimate was for Rs.34,55,000/-. The Devaswom Board accorded administrative sanction for the work. After obtaining technical sanction from the Chief Engineer (General), the work was e-tendered. Four persons quoted
3 D.B.P.No.13 of 2013 various rates. The contractor, who quoted the lowest was not qualified, since he was not a licensed contractor of P.W.D. or the Devaswom Board. The second lower tenderer quoted 4.4% below the estimate. Although he was asked to undertake the work at the lowest quoted rate, he refused. In such circumstances, the Devaswom Board has decided to award the work to the said contractor, Sri.M.M.Iqbul of Mudoor constructions. Petition No.13 of 2022 was accordingly submitted by the Travancore Devaswom Board before the learned Ombudsman seeking permission to award the work to the said contractor. The learned Ombudsman after considering the remarks submitted by the Deputy Director of Kerala State Audit and also the explanations submitted by the Executive Engineer, Travancore Devaswom Board submitted report No.3 of 2023 for necessary action.
Accordingly, this D.B.P. has been initiated.
2.
Heard the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and the learned Amicus Curiae for the Ombudsman.
4 D.B.P.No.13 of 2013 3.
The learned Ombudsman pointed out in the report about the present condition of the building where Malayalam/Politics Departments of the D.B.College are functioning. It is a two-storied RCC building. It was constructed 32 years ago. Special repairs are required for the building. The Principal of the College highlighted the necessity to have more space for the conduct of the examinations and also the advantage of providing over-roof. Since the building is old and there occurs leak and seepage, providing over-roof will help to provide protection to the building. The Devaswom Board convinced of the said aspects accorded administrative sanction for the work. The funds available with the college development fund of the Devaswom Board is proposed to be utilized.
4.
The State Audit has submitted remarks before the learned Ombudsman pointing out a few inconsistencies in the estimate. Regarding area to be paved with ceramic tiles, a discrepancy was specifically pointed out. The Executive Engineer submitted reply explaining and clarifying the
5 D.B.P.No.13 of 2013 inconsistencies pointed out. An additional remarks was submitted by the State Audit pointing out that the area to be covered for water proofing and plastering would have to be revised. The Executive Engineer submitted a reply clarifying that aspect as well. After considering all such aspects, the report has been submitted by the learned Ombudsman.
5.
Having considered the entire materials on record and the submissions of the learned Standing Counsel for the Travancore Devaswom Board and the learned Amicus Curiae, we are convinced that the proposed construction, i.e., providing of over-roof to the existing building of Devaswom Board College, Thalayolaparambu, where Malayalam and Politics Departments are functioning, is a necessary work and the tender process are seen done in a proper way. In the circumstances, we are of the view that permission to undertake the work of construction of over-roof to the building, where Malayalam and Politics Departments of the Devaswom Board College, Thalayolaparambu function, can be accorded. The entire work shall be completed within the
6 D.B.P.No.13 of 2013 tender period under the strict supervision of the officials of the Maramath Wing of the Travancore Devaswom Board. The expenditure of the work shall be duly accounted and will be subjected to audit. The D.B.P. is disposed of accordingly.
Sd/- ANIL K. NARENDRAN, JUDGE Sd/- P.G. AJITHKUMAR, JUDGE dkr