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2026 Supreme(Online)(Ker) 6427

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ
THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS EXECUTIVE ENGINEER, THIRUVANANTHAPURAM – Appellant
Versus
THE SENIOR DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT – Respondent
DBP NO. 6 OF 2026



Advocates:
For the Appellants/Petitioners: G BIJU(SC)
For the Respondents: S RAJMOHAN (SR GP), P RAMACHANDRAN (AMICUS CURIAE)

Court emphasizes structural safety as a prerequisite for approving construction activities.

Headnote:This judgment concerns the approval and granting of a contract for roofing work over a building, revealing significant structural safety hazards necessitating immediate rehabilitation. The court highlights the need for a comprehensive expert opinion on strengthening the structure to ensure safety before proceeding with construction activities. The petition is allowed to be withdrawn for resubmission post-assessment.

Table of Content
1. approval for roofing over existing structure. (Para 1)
2. structural safety concerns raised prior to construction. (Para 2 , 3)
3. permission granted to withdraw petition pending further assessment. (Para 4)

Raja Vijayaraghavan V, J.

This matter pertains to the grant of approval o f the estimate and a ward of contract for the work of providing a roof (truss roof) over the existing Sadyalayam in Navayikulam Devaswom under the Varkala Group.

2. It appears that the Structural Consultancy Wing of the Civil Engineering Department of M/s TKM Engineering College, Kollam, conducted an inspection of the building. The team has reported that the structure poses serious safety hazards and requires immediate rehabilitation. It has further recommended that major rehabilitation works to the columns, beams and slabs are necessary in order to restore structural safety before the building can be put to any further use. Based on the above findings, it has been concluded that, unless steps are taken to improve the structural stability of the building and appropriate strengthening measures are implemented, the proposed roofing work cannot be proceeded with.

3. The Audit Wing has also taken note of the aforesaid structural assessment report and has raised objections to the proposal for construction of the roof. The Audit has specifically reported that proceeding with the work on the existing Sadyalayam without addressing the structural deficiencies would result in serious structural compromise and safety risks.

4. A request is now made by the learned Standing Counsel that the petition submitted be permitted to be withdrawn, with liberty to resubmit the same after obtaining a comprehensive expert opinion regarding the strengthening and repair of the building so as to render it structurally stable and safe for further construction activities.

5. Permission as sought for is granted.

This DBP is dismissed as withdrawn, subject to the above.

Sd/-

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