LANTERN FINE ARTS Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition is filed in the nature of a Public Interest Litigation challenging the action of the Government in coming forward to provide additional financial assistance to 6th respondent - Kochi Biennale Foundation, a public charitable trust.

(2.) ONE of the objects of the 6th respondent Trust is to organise the new visual art festival in Kochi and neighbouring localities to create a platform to introduce contemporary international visual art, debate, new Indian aesthetics and to enable a dialogue among artists and the public. It is manned by two curators of national and international standing; one is Sri.Bose Krishnamachari, President and another Sri.Riyas Komu, Secretary. This mega event involved huge financial implication, therefore, they approached the State Government for financial assistance. Initially a sum of 5 Crores was sanctioned. Clubbing the said project along with Muziris project, renamed it as the 'Kochi- Muziris Biennale'. Government nominees from the Department of Tourism, Cultural and Finance were also involved so as to ensure transparency in sanctioning funds.

(3.) CRORES was sanctioned. Therefore the Government as well as 6th respondent are answerable for spending public money in the above manner. 4. After going through these two documents and the entire file we note that Secretary of Cultural Affairs Department, Secretary of Tourism and Finance Secretary are the members of a Committee which is having charge of looking into the entire expenditure spent by 6th respondent and only on the recommendation of this Committee, the Government has to proceed with the releasing of the amount to them. It is currently at the stage of finalisation of accounts. For the amounts already paid 6th respondent is holding receipts, which will also to be submitted along with the bills in order to arrive at the correct balance sheet and so far as the other amounts, payments are yet to be made, definitely there would not be any receipts, therefore, the Chartered Accountant was referring to unaudited accounts. Only after finalisation of the accounts, the Chartered Accountant would be able to give a clear picture with Balance Sheet showing the exact position. According to the 6th respondent, though they have spent 15 Crores, the grant received from the State is about 9 Crores and other amounts received are by way of donations and also some entry fee. Therefore, if the balance amount of 4 Crores is not released in time, they are answerable to many people, as many bills are pending including some labour charges.