Secretary vs Dy.Director on 10 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

DBA.No. 63 of 2008()



1. SECRETARY,COCHIN DEVASWOM BOARD,THRISSUR
                      ...  Petitioner

                        Vs

1. DY.DIRECTOR,COCHIN DEVASWOM AUDIT,THRISS
                       ...       Respondent

                For Petitioner  :SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :10/12/2009

 O R D E R
                              P.R. RAMAN &
                P.R. RAMACHANDRA MENON, JJ.
                   -----------------------------------------------
                             DBA No. 63 of 2008
                            -------------------------------
                Dated, this the 10th day of December, 2009

                                J U D G M E N T

P.R. Raman, J.

When the Devaswom Board sought sanction of this Court for the

making of a ‘Swarnakallukolam’, this Court appointed Sri.M.C.Madhavan,

Senior Advocate, as the Commissioner to oversee the work. The same

Commissioner was asked to oversee the verification of the valuables by the

Devaswom officials as per our order dated 16.06.2008 and we have also

directed the Commissioner of to file a summary of the proceedings after the

verification of valuables by the Devaswom officials. Though the work was

commenced, finding that the work involves devotion of more time as the

Counsel could not fully devote his entire time, an Assistant was also

appointed to assist him in the work of verification of the valuables kept in the

‘Poornathrayeesa’ Temple.

2. Earlier the Senior Commissioner had filed a report. Now the

final report is submitted as per which the verification process is completed. It

is stated in the report that in the matter of ‘Swarnakallu Kolam’ since the

board is not at present in office they wanted to take up the matter after new

Board comes into being. In the circumstances, at present, the question of

making the ‘Swarnakallu kolam’ does not arise and the same can be taken

DBA No. 63 of 2008
2

by the Cochin Devaswom as and when the Board comes into office. The

Commissioner overseen the work of verification of the valuables and based on

the experience, he had made certain suggestion in paragraph 19 of his report.

The Board will consider and take appropriate steps in that regard as soon as

new Board comes into being in the matters requiring policy decision. But

however in respect of other matters, the Special Commissioner shall take steps

for implementation of the suggestion. The report is placed on records.

3. Since the Senior Commissioner had even at the time when the

part of the work was completed he was disinclined to accept any remuneration

offered to him. As according to him, he wanted to do this work as an offering to

God Almighty. In the circumstances, the Assistant Commissioner shall be paid

a further amount of Rs.10,000/- by way of additional remuneration. The DBA is

closed subject to the right of the Devaswom Board to take up the matter for

making a new ‘Swarnakallu kolam’ as and when the new Board is constituted.

A copy of the earlier report along with the copy of this order be forwarded

to the Ombudsman, who may after a period of six months assess the progress

regarding the steps taken by the Cochin Devaswom Board regarding the

implementation of suggestion made in paragraph 19.

P.R. RAMAN, JUDGE

P. R. RAMACHANDRA MENON, JUDGE
dnc