IMPORTANT POINT
The court emphasized the need for proper audit and accountability in managing temple renovation funds, mandating the formation of a Temple Advisory Committee as per statutory requirements.

ORDER :

(Anil K. Narendran, J.)

This DBP is registered based on CDB Report No.73 of 2018 of the learned Ombudsman in Petition No.16 of 2018 filed by the Cochin Devaswom Board seeking permission to execute the renovation work of Pazhayannur Bhagavathy Temple, which is a temple under its management, on the basis of Annexure A2 revised estimate and Annexure A3 work order. The report of the learned Ombudsman reads thus;

"This is a maramath petition filed by the Cochin Devaswom Board through the Secretary seeking permission to the applicant Cochin Devaswom Board to execute the renovation work of Pazhayannur Bhagavathy Temple, on the basis of Annexure A2 revised Estimate and Annexure A3 work order. The petition is supported by an Affidavit sworn in to by the Secretary.

2. It is averred that the Pazhayannur Bhagavathy Temple belongs to the Cochin Devaswom Board and renovation work of the temple was started as early as on 2010 after the temple was substantially damaged due to fire accident. The work was awarded to the Pazhayannur Bhagavathy Temple Renovation Committee on contribution basis and the contribution of the Board was fixed as 100% of the valuation amount or Rs.50 lakhs whichever is less. The work though started, could not be completed after a long period and the OMBUDSMAN for the Board visited the temple and based on the inspection conducted, SMC No 107 of 2017 was issued directing the Board to explain as to why there is delay in completing the work and to state the possible time within which the work can be completed. Pursuant thereto, the Executive Engineer of the Board submitted Annexure A1. Thereafter. the Engineering Wing of the Board was directed to prepare a revised estimate to execute the work and as directed by the Board, the Engineering Wing of the Board prepared a revised estimate amounting to Rs.51,00,000/- as against the initial estimate of Rs 1,10,00,000/-sanctioned earlier. Technical sanction is Annexure A2 and the Order of the Board approving the estimate subject to decision of the Honourable High Court is Annexure A3. It is requested that permission be granted to execute the renovation work of the temple.

3. Pursuant to the notice issued, the Audit filed their remarks. It is stated that the original work was sanctioned on condition that out of the estimate for Rs. 1,10,00,000/-, the Board is to provide contribution of 100% or Rs.50 lakhs whichever is less and the balance amount is to be contributed by the Committee and now the estimate is revised to Rs 51 lakhs after a period of seven years and after making the payment of more than Rs. 24 lakhs in cash apart from sanctioning materials in kind (copper). The comparative statement attached to the file does not state the reason for the variation in the estimate amount. Even if the reduction of the estimate amount, the Committee was approached to find out the balance. In terms of the original sanction and the Committee is going to get Rs.50 lakhs after revision without taking into consideration the income earned by the Committee.

4. Learned counsel Shri T.K. Sajeev appeared on behalf of the Board and the Law Officer was also present. On behalf of the Audit, the Deputy Director was present. The Assistant Executive Engineer was also present for discussion when the case was taken up for hearing today.

5. Based on the discussion I had with the Assistant Executive Engineer, I am made to understand that the reduction of the estimate amount to Rs.51,00,000/- as against Rs. 1,10,00,000/- initially estimated happened due to the fact that used and old copper sheet available in other temples were supplied by the Department and hence the cost of the materials supplied was reduced from the initial estimate to items 3, 4, 5, 7, 8, 9, 10, 11, 16 and 17. Therefore, there is a total saving of Rs.64,88,791/-. For some of the items, there is an excess as per the comparison of the initial estimate. A Statement is filed, copy of which is marked as Annexure01.

6. Normally, when a revised esti