ORDER

Anil K. Narendran, J.

This DBP is registered based on Report No.7 of 2024 of the learned Ombudsman in Petition No.6 of 2023 filed by the Travancore Devaswom Board, represented by its Secretary and the Executive Engineer, Travancore Devaswom Board, Mavelikkara, seeking approval of contract sanction for the construction of Sadyalayam in Thrippuliyoor Devaswom in Aranmula Group. In the Petition, it is stated that Thrippuliyoor Devaswom is one of the prominent temples in Aranmula Group of Travancore Devaswom Board. Due to dilapidated condition of the existing Sadyalayam, the number of marriage functions has been significantly reduced. If a new Sadyalayam is constructed, it would increase the revenue of the Department, as stated in Annexure I report dated 19.12.2022 of the Assistant Devaswom Commissioner, addressed to the Executive Engineer, Estate Division. In Annexure II letter dated 27.11.2022 the Temple Advisory Committee of Thrippuliyoor Mahavishnu Temple has agreed to remit an amount of Rs.25 lakhs in the Devaswom fund as their contribution, in two instalments. The said letter is one addressed to the Assistant Engineer, Maramath Wing, Chengannur. Regarding the construction of Sadyalayam, the Assistant Devaswom Commissioner, obtained Annexure III opinion dated 28.12.2022 from the Tantri of the temple. The Travancore Devaswom Board by Annexure IV order dated 01.04.2023 accorded administrative sanction for the work, at an estimated cost of Rs.82,50,000/- based on DSR 2018, on condition that the Temple Advisory Committee shall contribute Rs.25 lakhs in two instalments, subject to the approval of this Court. The document marked as Annexure V is a copy of the estimate for construction of Sadyalayam, which is one prepared based on DSR 2018, based on Annexure VI plan prepared by Sthapathi in the approved panel of the Travancore Devaswom Board. The Board, vide Annexure VII order dated 16.06.2023 accorded technical sanction to the estimate for the said work. The Temple Advisory Committee remitted a sum of Rs.14 lakhs vide Challan No.50 dated 24.04.2023 towards 1st instalment of their contribution. Competitive e-tenders were invited by the Executive Engineer, Estate Division for the above work, twice. Since none responded to the first tender, re-e-tender was invited, in which two tenders were received from M.S.Hariharakumar at 3.20% below the sanctioned estimate rate and M.V.Prabha at 0.51% below the sanctioned estimate rate. Of the above, M.S.Hariharakumar is the lowest tenderer. The Chief Engineer, Travancore Devaswom Board has recommended to the Board in Annexure IX letter dated 29.06.2023 for contract sanction for the work in favour of M.S.Hariharakumar. Based on that recommendation, the Board accorded sanction vide Annexure X order dated 19.07.2023 for awarding the contract in favour of M.S.Hariharakumar at 3.20%

below the sanctioned estimate rate.

2. Before the learned Ombudsman, the respondent Deputy Director, State Audit Department, Travancore Devaswom Board Audit, submitted a remark dated 26.03.2024 wherein it is stated that in terms of the directions of the learned Ombudsman the Audit had verified the petition and the supporting documents and noted certain defects, as detailed in paragraph 4 of the remarks. The Audit issued a letter dated 09.11.2023 requiring the Board to furnish the documents/details mentioned in paragraph 4. Thereafter, in terms of the directions issued by the learned Ombudsman in the hearing held on 11.01.2024, the documents sought for were furnished, including challan remittance of Rs.14 Lakhs by the Temple Advisory Committee and the order of the Assistant Devaswom Commissioner, permitting collection of funds from the public using sealed coupons. In the remarks dated 26.03.2024, it is stated that, as per the reply dated 06.03.2024 of the Executive Engineer, ‘Anunja’ from the Tantri will be obtained only after the approval for award of work is obtained from this Court. However, nothing has been mention