Point of Law: 1st respondent Board is duty bound to monitor whether its administrative staff and employees in the Maramath wing are functioning properly, by taking prompt action against any such default or violation of the terms and conditions of the lease deed or the licence deed.

ORDER :

Anil K. Narendran, J.

This DBP is registered based on CDB Report No.18 of 2022 in Petition No.3 of 2022 of the learned Ombudsman for Travancore and Cochin Devaswom Boards. The applicant, i.e., the Cochin Devaswom Board, represented by its Secretary, has filed Petition No.3 of 2022 before the learned Ombudsman, seeking permission to conduct exhibitions and trade fairs in Thrissur Pooram exhibition ground in Thekkinkad Maidan, during the period other than Thrissur Pooram exhibition. In that petition, it is stated that due to Covid-19 pandemic and other reasons the Cochin Devaswom Board is facing acute financial crisis and the Board sought assistance from the State Government to meet expenses. Around Rs.9 to 12 Crores is required for meeting the monthly expenses for the rituals and the wages of the employees. In view of continued fall of income, the Board has to explore the means to diversify its finances to augment the income and tide over the crisis. In such circumstances, in the 34th meeting of the Board held on 30.09.2021, it was decided to seek permission of this Court to conduct exhibitions and trade fairs in Thrissur Pooram exhibition ground in Thekkinkad Maidan, during the period other than Thrissur Pooram exhibition. Based on the above decision, vide Annexure A5 order dated 08.10.2021, Cochin Devaswom Board authorised its law Officer to take necessary steps to approach this Court for seeking necessary permission. Based on that decision, Petition No.3 of 2022 was filed before the learned Ombudsman, producing therewith Annexures A1 to A4 orders of this Court.

2. Before the learned Ombudsman, the Deputy Director, Kerala State Audit Department, Cochin Devaswom Audit, submitted remarks, wherein it is stated that, in the current financial scenario, the Board can negotiate with Thiruvambadi Devaswom and Paramekkavu Devaswom for sharing the profit obtained through Thrissur Pooram exhibition conducted in the exhibition ground in Thekkinkad Maidan. Regarding the permission sought for in Petition No.3 of 2022, the State Audit has pointed out that financial feasibility study may be conducted by the Board about the factors, namely, monsoon period, the expected expenditure for conducting the exhibition, the sanction to be obtained from other agencies, the expected days in a year, etc. Before the learned Ombudsman the Board filed reply, producing therewith Annexure A6 feasibility report. It was pointed out that such trade fairs are being conducted in Ernakulathappan ground by the Temple Advisory Committee, which has been given permission to make use of that ground for such purposes, on profit sharing of the income between the Temple Advisory Committee and the Cochin Devaswom Board. During Pooram Festival, exhibition is being conducted by Paramekkavu Devaswom and Thiruvambadi Devaswom in the exhibition ground in Thekkinkad Maidan. Therefore, the Board may be permitted to conduct exhibitions and trade fairs in Thrissur Pooram exhibition ground in Thekkinkad Maidan, during the period other than Thrissur Pooram exhibition, to tide over the financial crisis and to augment its income.

3. In Annexure A2 judgment dated 28.03.2003 in O.P.No.8521 of 2003 and C.M.Ps in DBA.No.143 of 2002 a Division Bench of this Court permitted the use of the exhibition ground in Thekkinkad Maidan for conducting Onam Fair by Civil Supplies Corporation, etc. Based on CDB Report No.125 of 2010 of the learned Ombudsman, DBP.No.48 of 2010 was initiated, which was disposed of by Annexure A3 order dated 08.07.2013, making the interim order dated 08.06.2011 in that DBP absolute. The said interim order, which is extracted in paragraph 2 of Annexure A3 order dated 08.07.2013, is extracted hereunder;

“2. After elaborately considering the various aspects, this Court passed a detailed interim order dated 08.06.2011, which is extracted below;

“We have perused the materials on record including the affidavits as also statements of the District Collector, Thrissur, Paramekkav