SUO MOTU Vs. STATE OF KERALA

JUDGEMENT

(1.) This DBP is registered suo motu on the functions of the learned Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board, pursuant to the direction contained in the order of this Court dtd. 3/3/2023 in DBP No.16 of 2023. That DBP was registered suo motu based on a news item that appeared in Malayala Manoramma daily dtd. 19/2/2023, stating that Arattukulam Kulippura of Karthiyayini Devi Temple, Aroor, which is a temple under the management of Travancore Devaswom Board, is in a pathetic condition. The photograph of the Arattukulam Kulippura, which is in a dilapidated condition formed part of that news item.

(2.) On 21/2/2023, when DBP No.16 of 2023 came up for consideration, the Executive Engineer, Maramath Wing, Kottayam Division was directed to conduct an inspection of Arattukulam Kulippura in Karthiyayini Devi Temple, in that week itself, and submit a report before this Court. The Assistant Devaswom Commissioner and the Sub Group Officer were directed to take precautionary measures to ensure the safety of the devotees.

(3.) On 3/3/2023 when DBP No.16 of 2023 came up for consideration, the learned Standing Counsel for Travancore Devaswom Board has placed on record an affidavit on behalf of the Board. From the averments in paragraph 4 of that affidavit, this Court noticed that the Temple Advisory Committee of Thrichattukulam Devaswom had approached the learned Ombudsman by filing Complaint No.23 of 2023 for executing the maintenance work. Based on that complaint, the 2ndrespondent Board directed the Chief Engineer to take requisite action. The Chief Engineer reported that an estimate was prepared for the maintenance work amounting to Rs.3,44,000.00 based on DSR 2016. Though competitive tenders were invited by the Executive Engineer, Kottayam on 26/6/2020, there was no response. A re-tender notification was issued on 27/10/2020, to which also there was no response. It is thereafter that the Chief Engineer submitted a revised estimate for the maintenance work amounting to Rs.7,92,000.00, based on DSR 2018, including GST at the rate of 18%. The said estimate includes provision for pucca repair and maintenance to the temple structures and provision for replacing the tiled roof of Arattukulam Kulippura with profile sheet and re-plastering, painting, etc. Thereafter, the learned Ombudsman issued proceedings dtd. 31/1/2023 in Complaint No.23 of 2023.