IMPORTANT POINT
The Travancore Devaswom Board has a fiduciary duty to manage temple properties effectively, ensuring timely completion of construction projects and accountability in financial dealings.

ORDER :

(Anil K. Narendran, J.)

This DBP is registered based on TDB Report No.140 of 2014 of the learned Ombudsman in Complaint No.225 of 2014 made by the Temple Advisory Committee of Nettorkkottu Bhagavathi Temple, which is a temple under the management of the Travancore Devaswom Board. The subject matter of that complaint is the delay in completion of the construction of an auditorium, the construction of which was started as early as in the year 2009, based on a decision taken by the Travancore Devaswom Board on 07.08.2008. The administrative sanction for the construction of the ground floor of the building was accorded at an estimate cost of Rs.63 lakhs. The administrative sanction for the construction of the first floor was granted by the Devaswom Board on 10.02.2010, at an estimate cost of Rs.96,90,000/-. Both these works were approved by this Court in different Maramath petitions and the works were also completed. An another sum of Rs.5 lakhs was spent for plumbing work. However, the auditorium could not be inaugurated, as interior works including ceiling, arrangement for sound proofing echo system and fire safety measures have not been undertaken. The electrical work would be done only along with these works, as wiring has to done before placing false ceiling. Since large amounts have already been spent and to get proper income from the auditorium, it was pointed out that air conditioning of the hall is also required, which will be part of the electrical work. Chairs also have to be purchased. Unless and until these works are also completed, the investment of Rs.1,64,90,000/- will be a waste and no returns could be obtained from such investments.

2. On 13.10.2014, when this report came up for consideration, this Court by a detailed order, directed the Secretary of the Travancore Devaswom Board, the Chief Engineer and the concerned Executive Engineer to be present in Court on27.10.2014 at 10.15 a.m. Paragraph 1 of the said order reads thus;

''The report dated 11.09.2014 submitted by the learned Ombudsman appointed by this Court reveals a very sorry state of affairs in the matter of construction of an auditorium in the premises of Nettorkottu Devaswom in Muvattupuzha. The work of the auditorium commenced in the year 2009. Initially administrative sanction for construction of the ground floor was accorded by the Travancore Devaswom Board at an estimated cost of Rs.63,00,000/-. Later, construction of the first floor was also sanctioned at an estimated cost of Rs.96,90,000/-. Both the works were approved by this Court and the works were completed. Still later, plumbing work was also completed. But till date the auditorium has not been commissioned. It is stated that fire safety measures have not been installed and that sound proofing and false ceiling works have also not been done. The learned Ombudsman has also reported that though the learned Ombudsman had sent notice to the Secretary, Travancore Devaswom Board, there was no representation or reply when the complaint was taken up on 29.07.2014, 20.08.2014 and 03.09.2014. In such circumstances we are of the opinion that the Secretary/Chief Engineer, Travancore Devaswom Board and the Engineer in charge of the construction should be present in this Court on the next posting date to explain the reason why even five years after the commencement of the construction, the auditorium has not been commissioned. We also deem it appropriate to direct them to file separate statements showing the amounts already spent on the auditorium. The said officers shall also state whether they have any idea about the further expenditure required to commission the auditorium and whether an estimate in that regard has been prepared.''

3. The order dated 13.10.2014 was followed by an order dated 27.10.2014, whereby, an Advocate Commissioner was appointed to inspect the building in question along with an expert engineer for the purpose of ascertaining whether the estimate prepared for the work is in orde