ORDER

Anil K. Narendran, J.

This DBP is registered based on CDB Report No.72 of 2010 of the learned Ombudsman in Complaint No.37 of 2010 made by the President of Kochi Pazhayannur Azhithrikkovu Temple Advisory Committee, which is a Temple Advisory Committee constituted under Section 76A of the Travancore-Cochin Hindu Religious Institutions Act, 1950 in Kochi Pazhayannur Azhithrikkovu Temple, which is a temple under the management of the Cochin Devaswom Board. In the complaint, the deplorable condition of the 3 temples and adjacent structures in Kochi Pazhayannur Azhithrikkovu Temple was pointed out. In paragraph 11 of the report dated 18.05.2010, the learned Ombudsman has made various suggestions for the consideration of this Court, which includes the urgent repair works to be undertaken by the Cochin Devaswom Board and the repair works to be undertaken by the Archaeological Survey of India, which includes the construction of a compound wall around the Sree Krishna Temple.

2. In this DBP, this Court issued various orders. As borne out from the statements/affidavits/counter affidavits placed on record various constructions/repair works have already been undertaken.

3. On 29.09.2022, when this DBP came up for consideration, the 4th respondent Superintending Archaeologist was directed to file a report on the present status of the constructions in Kochi Pazhayannur Azhithrikkovu Temple, along with photographs showing the present stage of such constructions. The learned Standing Counsel for Cochin Devaswom Board and the learned Standing Counsel for Archaeological Survey of India were directed to make available for the perusal of this Court the draft MOU executed between the Archaeological Survey of India and the Cochin Devaswom Board.

4. Pursuant to the directions contained in the order dated

29.09.2022, the learned Standing Counsel for Archaeological Survey of India has placed on record a report dated 07.12.2022 of the 4th respondent Superintending Archaeologist, producing therewith Annexures R4(a) to R4(e) documents. A copy of the draft MOU is placed on record as Annexure R4(d). In the report, it is stated that, pursuant to the orders of this Court, the Archaeological Survey of India had taken up the work of prevention of water logging/stagnation at Mattancherry Palace, during the financial year 2021-22. A major portion of the work was completed by constructing the outer wall cum drainage for the temple, except for about 26 meters length on the south eastern corner of the site, based on Annexure R4(a) work order dated 11.02.2022 issued by the 4th respondent Superintending Archaeologist. In the report, it is stated that, the work for the length of approximately 26 meters could not be completed due to the delay and default on the part of the temple authorities in cutting a tree standing on the south eastern corner of the temple premises. In the report, it is stated that Annexure R4(d) draft MOU has already been forwarded to the Director General, the Archaeological Survey of India, New Delhi, which is pending approval. The report dated 07.12.2022 reads thus;

“Pursuant to the orders of this Honourable Court, the Archaeological Survey of India had taken up the work of prevention of water logging/stagnation at Mattancherry Palace during the financial year 2021-2022. A major portion of the work was completed by constructing the outer wall cum drainage for the Temple, except for about 26 mts. length on the south eastern corner of the site. True photocopy of work order dated 11.02.2022 issued by the Superintending Archaeologist, Archaeological Survey of India is produced herewith marked as Annexure R4(a).

On the basis of the said work order, as already stated, extensive work was done in the temple compound as directed by this Honourable Court. Photographs (18 nos.) are being produced. The first 4 photographs show the work which has been completed and the last 3 photographs relate to the work left incomplete, due to the default on part of the Dev