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Kerala High Court

The Honourable Mr.Justice ... vs By Adv. Sri.Diljith K.Manohar on 3 October, 2017

Bench: P.R.Ramachandra Menon, V Shircy

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT:

            THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
                                      &
                  THE HONOURABLE MRS. JUSTICE SHIRCY V.

         TUESDAY, THE 3RD DAY OF OCTOBER 2017/11TH ASWINA, 1939

                            DBP.No. 52 of 2017
                            ----------------------
                          CDB REPORT 52 OF 2017

APPLICANT/PETITIONER:
-------------

              THE SECRETARY, COCHIN DEVASWOM BOARD
              THRISSUR.


              BY ADV. SRI.DILJITH K.MANOHAR, SC, COCHIN DEVASW BOARD

RESPONDENT:
--------------

              DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT
              (C.D)AUDIT, THRISSUR.


              R1 BY GOVERNMENT PLEADER SRI ANTONY MUKKATH

         THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON
03-10-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



             P. R. RAMACHANDRA MENON

                          &

                     SHIRCY V.,JJ.

     ==============================

                  D.B.P. No. 52 of 2017

     ==============================

         Dated this the 3rd day of October, 2017

                         O R D E R

P.R. Ramachandra Menon, J.

The matter is registered pursuant to Report No. 52 of 2017 submitted by the learned Ombudsman with reference to the merit of the Maramath petition filed by the Cochin Devaswom Board. After referring to the facts and figures, it has been brought to the notice of this Court that there is some 'left over work' in respect of the completion of the truss work at West Pallithanam Complex, which was decided to be completed; for which an estimate was prepared for a sum of Rs.43,20,000/-. Urgent measures were required to be carried out in view of the complaints received by the DBP 52/2017 2 occupants of the building and it was accordingly, that Annexure A1 order was passed by the Board, followed by approval by way of Annexure A3. It is also seen that, in response to the Tender Notification, a person by name C.G. Sivan quoted the lowest, at 7.5% below the estimate, among the four tenders received. Since the attempt to negotiate and reduce the rate did not come to be fruitful, the Board decided to have it awarded to the lowest tenderer, who had quoted 7.5% below the estimate, as per Annexure-A6. It is also revealed from the Report of the Ombudsman that there is no serious objection from the part of the Audit Department and that the relevant file was also perused by the Ombudsman while considering the matter. In the above facts and circumstances, we find it appropriate to grant the approval to the course and proceedings pursued by the Devaswom. It is ordered accordingly.

2. It is made clear that proper accounts shall be DBP 52/2017 3 maintained and the same shall be caused to be audited by the Local Fund Audit Department.

The DBP is closed accordingly.

Sd/-

P. R. RAMACHANDRA MENON JUDGE Sd/-

SHIRCY V. JUDGE ks.

True copy P.S. To Judge