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2023 Supreme(Online)(KER) 6869

HIGH COURT OF KERALA
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
AJOY L.S
– Appellant
Versus

THE SECRETARY – Respondent


Advocates:
ADVS.Suomotu GEORGE SEBASTIAN, Biju, SRI S.RAJMOHAN - SR GOVERNMENT PLEADER, SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD, SRI P.RAMACHANDRAN- AMICUS CURIAE

ORDER

Anil K. Narendran, J.

This DBP is registered based on the TDB Report No.32 of

2022 of the learned Ombudsman in Complaint No.75 of 2022, made by the complainant herein, in which it is alleged that the Edathavalam under construction at Chengannur Mahadeva Temple involves more than Rs.10 crores, which is funded by the Kerala Infrastructure Investment Fund Board (KIIFB) which in turn has entrusted the construction to the National Building Construction Corporation Limited (NBCC). According to the complainant, the property of the deity, who is a perpetual minor, cannot be encumbered in favour of any agency. Further, work involving more than Rs.20 lakhs requires sanction of this Court. In addition to this, the earth removed from the construction site has been unauthorisedly removed and only a small quantity for name sake has been kept in the maramath office.

2. On receipt of notice, the 2nd respondent Devaswom Commissioner submitted Annexure O2 reply dated 24.08.2022 before the learned Ombudsman, wherein it is stated that excess earth is available in Chengannur Devaswom and the Travancore Devaswom Board has permitted removal of earth at the rate of Rs.40/m3, as per Order No.ROC 4715/19/

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