High Court Kerala High Court

Travancore Devaswom Board vs The Deputy Director Of Local Fund … on 24 July, 2009

Kerala High Court
Travancore Devaswom Board vs The Deputy Director Of Local Fund … on 24 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

DBA.No. 92 of 2009()



1. TRAVANCORE DEVASWOM BOARD
                      ...  Petitioner

                        Vs

1. THE DEPUTY DIRECTOR OF LOCAL FUND ACCOUN
                       ...       Respondent

                For Petitioner  :SRI.V.KRISHNA MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :24/07/2009

 O R D E R
                  P.R. RAMAN & P. BHAVADASAN, JJ.
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                            D.B.A. No. 92 of 2009
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                   Dated this the 24th day of July, 2009.

                                        ORDER

Raman, J,

In anticipation of the sanction of the Board and this

court, Chief Engineer invited tenders owing to the urgency of

the work. The tender was finalized in favour of one

Sri.Kalesh and the same was put to execution before the season

started. Subsequently, the Board gave sanction subject to the

approval of this court. It is submitted that the necessary

application could not be filed in time due to the urgency of the

matter and the contractor’s bill is not paid.

2. Since the work is already completed, and the

Board had already granted sanction, as a special case we

condone the action of completing the work without prior

approval. However, the same shall not be repeated. Even the

case of an emergent matter could be brought to the notice of

the Ombudsman and the matter could be moved before this

DBA.92/2009. 2

court. However, this is concerning the widening of the road, there

cannot be any dispute that the work was necessitated out of

circumstances and in the larger interests of pilgrims. Subject to

Audit by Local fund, action ratified.

P.R. Raman,
Judge

P. Bhavadasan,
Judge

sb.