THE TRAVANCORE DEVASWOM BOARD v. THE DEPUTY DIRECTOR

the Honorable High Court by the respective parties. In the absence of supporting documents along with Annexure O1, furnishing the details of quoted rates of the bidders, it is for the respondent to verify the same and furnish further remarks before the Honorable High Court. That the work is essential, as averred in the affidavit, is not controverted by the respondent and considering the fact that the building was constructed in 1995 and also the present condition of the building, sanction for the repair works as sought for be considered and granted subject to usual Audit after completion of work.

2. DBP No.42 of 2024: This DBP is registered based on report No.19 of 2024 of the learned Ombudsman in Petition No.6 of 2024 filed by the Travancore Devaswom Board for approval for the work of special repairs and maintenance of the staff quarters’ building at Sabarimala. The said report reads thus; “This Maramath Petition filed by the Travancore Devaswom Board through its Executive Engineer, Sabarimala Development Project seeking approval for the work of Special repairs and maintenance to the Staff Quarters building, Sabarimala at an estimated cost of Rs. 94,00,000/- inclusive of 18% GST. The Petition is supported by an affidavit of the Executive Engineer.

2. It is averred that the staff quarters, situated in the south- west side of Sabarimala temple, was constructed in the year

2004. It is a three storied building (Ground + 3) having 80 rooms. Each floor has a plinth area of 585 square metres DBP Nos.41 and 42 of 2024 7 and accommodates around 300 staff during Mandalam and Makaravilakku festivals. It is further submitted that only annual maintenance works were done for the building since its construction and that no major maintenance works were carried out. Now the condition of toilets in the rooms is pathetic due to its old age and extensive usage. The water lines and sanitary fittings are not in the best condition; the doors of the toilets are also damaged. It is further stated that during the previous festival season (2023-24), the staff had demanded European Closets instead of Indian Closets, due to their health conditions.

3. The estimate for the work was prepared by the Assistant Engineer by incorporating the provisions replacement of water lines, sanitary lines, sanitary fittings, damaged floor tiles in the rooms and the tiles in the toilets, after carrying out the waterproofing of toilets. It is stated that repairs to the doors and windows also have to be done and the building will have to be repainted after executing all the repair works. The estimate was finally submitted to the Board by the Chief Engineer vide letter marked as Annexure A in the Petition. A copy of the estimate is Annexure B and a copy of the estimate report is Annexure C. The estimate was prepared based on DSR, 2018 and on cost index of Pathanamthitta District (37.29%). The order of the Board according administrative sanction for the work is produced as Annexure D. A copy of the technical sanction given for the work by the Chief Engineer is produced and marked as Annexure E. The work was put to e-tender on 16.04.2024 in the e-procurement portal of the Kerala Government and by publishing the tender notifications in leading Malayalam dailies and also in the department website by fixing the DBP Nos.41 and 42 of 2024 8 closing date as 26.04.2024 and opening date as

27.04.2024. A copy of the tender notice published in the department website is produced in the petition as Annexure F.

4. Though the Petition is premature as it was filed before the opening of the tender, this report is submitted as the case is specifically posted for hearing on 05.04.2024 before the Devaswom Bench of the Honourable High Court. The Petition was received on file on 24.04.2024, i.e., before the opening of the tender. Notice was issued to the respondent on 24.04.2024 and sent on the same day along with a copy of the Petition via email and by post. Moreover, the information of posting of the Petition on 29th April, 2024 before the Ombudsman was telephonically conveyed to the Audit. When the case was taken up today, the Senior Deputy Director of Audit, Travancore Devaswom Board and the Liaison Officer were present. The Liaison Officer submitted a downloaded copy of the tender opening document marked as Annexure O1, to show that two tenders were received. The amount quoted by tenderer A.Shibu Rs.94,98,700.129/- and that by V.P. Sani Kumar is Rs.90,50,793.944/-. It is submitted by the Liaison Officer that the quoted rates are in excess of the sanctioned estimate and therefore, the matter has to be considered by the Board. Copy of this document has been served on the Audit for verification and filing remarks before the Honourable High Court on or before the date on which the matter is considered by the Honourable Court.

5. The Audit filed their remarks dated 29.04.2024 mainly reiterating the averments in the Petition, as the e-tender would be opened only on 27.04.2024. No other specific DBP Nos.41 and 42 of 2024 9 remarks were offered by the Audit. The remarks of the Audit is marked as Annexure O2.

6. With the available records and based on the averments in the Petition, it is seen that the repair works are essential as the condition of the building is pathetic and the toilets, windows etc. are damaged. The necessity for the work is not controverted by the respondent. It is also seen from the Petition that the staff had required for European closets on health grounds. During discussion, the Liaison Officer pointed out that 65 toilets are proposed to have European closets and the remaining 15 toilets are to continue having Indian closets. This may not be desirable since water consumption is more in European closets. Considering the excess water usage during festival season, and considering the fact that the large quantity of water required in Sabarimala is pumped from Pamba river, the number of European closets be limited to 50%, i.e., 40 instead of 65 and the remaining to continue having Indian closets. In case this is approved, there will be considerable reduction in the estimate and so, to that extent, a revised estimate will have to be submitted. The sanction for carrying out the works may be subject to regular audit, after evaluating the decision of the Board on the excess quoted by the tenderers.”

3. On 03.05.2024, when these DBPs came up for consideration, the learned Senior Government Pleader sought time to get instructions from the respondent Deputy Director, State Audit Department, Travancore Devaswom Board Audit. Having considered the averments in the petitions, the reports of DBP Nos.41 and 42 of 2024 10 the learned Ombudsman and also the submissions made at the Bar, this Court deemed it appropriate to conduct an inspection of the accommodation facilities for the pilgrims, staff and employees at Sannidhanam, on 08.05.2024 at 10.30 a.m. The Special Commissioner, Sabarimala, the Executive Engineer (Sabarimala Development Project) and the Assistant Engineer, Sabarimala were directed to be personally present at the time of inspection. The learned Senior Government Pleader was directed to ensure the presence of the Executive Engineer, Public Works Department (Buildings Division), Pathanamthitta at the time of inspection on

08.05.2024.

4. Pursuant to the order dated 03.05.2024, we have conducted an inspection of the accommodation facilities for pilgrims, staff and employees at Sabarimala Sannidhanam, on

08.05.2024. In addition to the Executive Engineer (Sabarimala Development Project), the Executive Engineer Public Works Department (Buildings Division), Pathanamthitta, was also present at the time of inspection.

5. On 16.05.2024, when these DBPs came up for consideration, the learned Senior Government Pleader submitted that the report of the Executive Engineer, Public Works Department (Buildings Division), Pathanamthitta, shall be placed DBP Nos.41 and 42 of 2024 11 on record by 20.05.2024. The learned Standing Counsel for Travancore Devaswom Board submitted that the documents placed on record along with Maramath Petition Nos.5 of 2024 and 6 of 2024 are only abstracts of the estimate. By the order dated

16.05.2024, these DBPs were directed to be listed on 21.05.2024 along with the reports of the Special Commissioner, Sabarimala and the Executive Engineer Public Works Department (Buildings Division), Pathanamthitta, on the inspection conducted on

08.05.2024.

6. On 21.05.2024 when these DBPs came up for consideration along with SSCR No.13 of 2024 and DBP Nos.38 and 131 of 2023, the Registry was directed to incorporate the report of the Executive Engineer, PWD Building Division, Pathanamthitta, produced along with the memo filed by the learned Senior Government Pleader, in DBP No.41 of 2024.

7. In DBP No.41 of 2024, the Executive Engineer, Sabarimala Development Project has sworn to an affidavit dated

03.05.2024, producing therewith Annexure G contract Sanction accorded by the Travancore Devaswom Board on 02.05.2024 for special repairs and maintenance of Sabari Guest House. Paragraphs 3 to 5 of that affidavit read thus; DBP Nos.41 and 42 of 2024 12 “3. It is submitted that the estimate for the above work was submitted by the Executive Engineer, Travancore Devaswom Board, Sabarimala Development Project, Pathanamthitta the Chief Engineer, Travancore Devaswom Board vide letter No.SDP/EE/S-14/2024 dated

06.04.2024 and the same was forwarded to the Board by the Chief Engineer as per Annexure-A letter dated

11.04.2024. The Board considered the estimate and accorded administrative sanction as per Annexure-D dated

12.04.2024. The technical sanction for the work was given by the Chief Engineer, Travancore Devaswom Board vide Annexure-E dated 12.04.2024.

4. It is submitted that the Executive Engineer, Travancore Devaswom Board, Sabarimala Development Project, Pathanamthitta invited e-tenders for executing the work as per Annexure-F tender notification dated 16.04.2024. The closing date for receiving tenders was fixed as 26.04.2024 at 2 P.M and the date for opening of bids on 27.04.2024 at 2 P.M. Pursuant to Annexure-F tender notification three bids were received. Out of the above, two bids are 23% and

17.2% above the sanctioned estimate rate and one bid

13.48% below the sanctioned estimate rate. The lowest bid is the one submitted by Dileep Kumar for a rate 13.48% below the estimated rate. Therefore, the Board decided to accord contract sanction for the above work in favour of Sri.V. Dileep Kumar at 13.48% below the sanctioned estimate rate. A copy of the Contract Sanction accorded by the Board, ROC No.9702/21/M dated 02.05.2024 is produced herewith and marked as Annexure-G.

5. It is respectfully submitted that considering the urgency to execute the work before the commencement of the next DBP Nos.41 and 42 of 2024 13 festival season, the maramath petition was filed with the available details on 23.04.2024. The work register and maintenance register will be maintained for the work in addition to the bill register. In the light of the facts and circumstances stated above, it is respectfully prayed that sanction for carrying out the work may be granted by this Hon’ble Court.”

8. A consolidated report dated 17.05.2024 of the Assistant Executive Engineer, PWD (Bridges Division), Pathanamthitta in DBP Nos.41 of 2024 and 42 of 2024 is placed on record in DBP No.41 of 2024, along with the memo dated

20.05.2024 of the learned Senior Government Pleader, which reads thus; “As directed, the PWD Buildings Wing Pathanamthitta attended the inspection conducted by the Hon’ble High Court at Sabarimala on 08/05/2024. The matter of concern is the approval of the proposal for the work of Special Repairs and Maintenance of two major buildings-Sabari Guest House and Staff Quarters at Sannidhanam. The Sabari Guest House is 29 years old four storeyed building with a total plinth area of 684 m2. It is learnt that only annual maintenance has been carried out in this building for years. Now signs of distress are seen in the building in the form of damaged and malfunctioning sewage system of toilets, dampness of toilet walls, deterioration of plaster, damages in the floor tiles, false ceiling and windows, spawling of concrete in a few columns, etc. Hence repair works proposed include the replacing of damaged water DBP Nos.41 and 42 of 2024 14 supply and sanitary pipes and fittings, floor and wall tiles, patch plastering of damped walls, replacing of damaged PVC toilet doors, aluminium work and UPVC work for windows, shortcreting of RCC columns, etc. Additional facilities such as providing stainless steel luggage racks in rooms for placing ’Irumudikkettu’ are also proposed along with painting of the building. The repair works proposed are necessary for keeping the building in safe serviceable condition and for providing better facilities to the pilgrims. The total estimate amount of above said works as per DSR 2018 and including 18% GST comes to Rs. 1,76,00,000/-. The Staff Quarters building is 20 years old, four storeyed structure with a plinth area of 585 m2 and having 20 rooms in each floor, thus a total of 80 rooms in the whole building. The building accommodates around 300 employees who attend duty at various locations during Mandala Makaravilakku Festival. No other maintenance except painting have been carried out in this building since its construction. The main concern in the building is about the present bad conditions of toilets. It is learnt that the employees request to replace the old Indian Closets with European closets due to health issues. Also, the walls and floors of rooms have become deteriorated, the water supply and sanitary system of toilet are malfunctioning, the toilet doors are damaged, windows are not having mosquito net etc. Hence necessary repair works to address the above problems have been proposed. The additional facilities proposed are the washing platforms to wash the uniforms and dress of employees which are also reasonable. Thus the repair and maintenance works and painting proposed for this building are necessary for keeping the building in safe DBP Nos.41 and 42 of 2024 15 serviceable condition. and providing better facilities to the employees. The total estimate amount of above said works as per DSR 2018 and including 18% GST comes to Rs. 94,00,000/-. Thus, it concluded that the Repairs and Maintenance works and their estimates proposed for Sabari Guest House and Staff Quarters are reasonable as per present conditions and requirements of the buildings.”

9. Heard the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader for the respondent.

10. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Sabarimala Devaswom is an incorporated Devaswom mentioned in Schedule I of the Act, under Chengannur Group, Pathanamthitta Taluk.

11. Section 15A of the Act, inserted by Act 5 of 2007, with effect from 12.04.2007, deals with duties of the Board. As per Section 15A, it shall be the duty of the Board to perform the following functions, namely, (i) to see that the regular traditional rites and ceremonies according to the practice prevalent in the religious institutions are performed promptly; (ii) to monitor DBP Nos.41 and 42 of 2024 16 whether the administrative officials and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu religious institutions; (iv) to establish and maintain proper facilities in the temples for the devotees. Section 16 of the Act deals with supervision and control by the Board. As per Section 16, the Board shall, subject to the provisions of Part I of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department.

12. Section 24 of the Act deals with maintenance of Devaswoms, etc., out of Devaswom Fund. As per Section 24, the Board shall, out of the Devaswom Fund constituted under Section 25, maintain the Devaswoms mentioned in Schedule I [i.e. incorporated Devaswoms], keep in a state of good repair the temples, buildings, and other appurtenances thereto, administer the said Devaswoms in accordance with recognised usages, make contributions to other Devaswoms in or outside the State and meet the expenditure for the customary religious ceremonies and may provide for the educational upliftment, social and cultural advancement and economic betterment of the Hindu community. DBP Nos.41 and 42 of 2024 17

13. Section 31 of the Act deals with management of Devaswoms. As per Section 31, subject to the provisions of Part I and the rules made thereunder, the Board shall manage the properties and affairs of the Devaswoms, both incorporated and unincorporated as heretofore, and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage.

14. Under the provisions of the Act, the Board is duty bound to see that the regular traditional rites and ceremonies according to the practice prevalent in Sabarimala are performed promptly; to monitor whether the administrative officials and the employees, and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Sabarimala for the devotees. Subject to the provisions of Part I of the Act and the Rules made thereunder, the Board shall manage the properties and affairs of Sabarimala Devaswom and arrange for the conduct of the daily worship and ceremonies and of the festivals in Sabarimala according to the usage.

15. In Ram Mohan Das v. Travancore Devaswom Board [1975 KLT 55] a learned Single Judge of this Court held that under Section 31 of the Travancore-Cochin Hindu Religious Institutions Act the Travancore Devaswom Board shall manage the DBP Nos.41 and 42 of 2024 18 properties and affairs of the Devaswoms, both incorporated and unincorporated and arrange for the conduct of the daily worship and ceremonies and of the festivals in every temple according to its usage. The position of the Board in regard to the Devaswoms - incorporated and unincorporated - is analogous to that of trustees. Any improper act of the Trustees could be questioned by a worshipper.

16. In Suo Motu v. State of Kerala and others [2022 (2) KHC 411], in the context of Sabarimala Devaswom, this Court held that, in view of the provisions under the Act and also the law laid down in the decisions referred to therein, the Travancore Devaswom Board is duty bound to ensure proper administration, supervision and control of Sabarimala Devaswom,. The Board has a statutory duty to monitor whether its administrative officials and employees and also the employees connected with religious rites are functioning properly. The Board is duty bound to exercise proper supervision and control over the acts and proceedings of all officers and servants and to manage the properties and affairs of Sabarimala Devaswom and conduct daily worships and ceremonies and also festivals in the temple according to its usage. Position of the Board in this regard is analogous to that of trustees, as held by this Court in Ram Mohan DBP Nos.41 and 42 of 2024 19 Das [1975 KLT 55]. Any improper act of the trustees could be questioned by a worshiper. The Board and those entrusted with the duty of managing the properties and affairs of Sabarimala Devaswom are duty bound to protect the properties of the deity from any wrongful claims, theft or misappropriation. Any such wrongful claims, theft or misappropriation with the passive or active collusion of the authorities concerned, which are acts of ’fence eating the crops’ should be dealt with sternly. Since the deity being a perpetual minor, this Court is having inherent jurisdiction to protect and safeguard the interest and properties of the deity and the doctrine of parens patriae will also apply in the exercise of such jurisdiction.

17. In Report No.18 of 2024, the learned Ombudsman noticed the averment in Petition No.5 of 2024 filed by the Travancore Devaswom Board that after the construction of Sabari Guest House at Sabarimala Sannidhanam in the year 1995, only annual maintenance works were done in that building, which has 56 rooms in 4 floors including ground floor. Now the condition of the toilets in 56 rooms is pathetic. The water lines and sanitary fittings are not in good condition.

18. In Report No.19 of the learned Ombudsman in Petition No.6 filed by the Travancore Devaswom Board it is stated that the DBP Nos.41 and 42 of 2024 20 staff quarters situated in the south-west side of Sabarimala Sannidhanam was constructed in the year 2004. It is three-storied building having 80 rooms. Only annual maintenance works were done in that building. Now the condition of the toilets is pathetic. The water lines and sanitary fittings are not in good condition. The doors of the toilets are also damaged.

19. In the affidavit dated 03.05.2024 filed by the Executive Officer, Sabarimala Development Project, it is stated that considering the urgency to execute the work before the commencement of the next festival season the Maramath Petition was filed with the available details on 23.04.2024. The contract sanction accorded by the Board for the special maintenance and repair of Sabari Guest House is placed on record as Annexure-G, along with that affidavit.

20. In the consolidated report dated 17.05.2024 filed by the Assistant Executive Engineer, PWD (Bridges Division), Pathanamthitta, it is stated that the repair works proposed are necessary for keeping the buildings in safe serviceable condition and for providing better facilities to the pilgrims. In that report, it is concluded that the repairs and maintenance works and their estimates proposed for Sabari Guest House and staff quarters are DBP Nos.41 and 42 of 2024 21 reasonable as per the present condition and requirements of those buildings.

21. Before the learned Ombudsman, the respondent Deputy Director, State Audit Department, Travancore Devaswom Board Audit has filed remarks dated 29.04.2024 in Petition Nos.5 of 2024 and 6 of 2024. In the remarks it is stated that, as per the averments in the petitions the conditions of the toilets are shabby due to old age and extensive use during temple opening days. Insofar as Sabari Guest House is concerned, no major maintenance works were done, since its construction in the year

1995. Similarly, insofar as staff quarters situated in the south- west side of Sabarimala Sannidhanam, no major maintenance works were done, since its construction in the year 2004. In the remarks of the State Audit, it is stated that the Board filed Petition Nos.5 of 2024 and 6 of 2024 on 23.04.2024, even before the opening of the re-tender, which was scheduled on 27.04.2024. The petitions were filed along with copy of the administrative sanction, technical sanction and estimate of the work. In the remarks dated 29.4.2024 filed by the respondent Deputy Director, it is stated that the Audit had verified the documents attached to Petition Nos.5 of 2024 and 6 of 2024 and has no specific remarks on verification of the documents submitted so far. The approval DBP Nos.41 and 42 of 2024 22 for the work may be subject to production of e-tender documents, details of entry in the work register and details of entry in maintenance register.

22. During the course of arguments, the submission made by the learned Standing Counsel for Travancore Devaswom Board based on the written instructions dated 23.05.2024 made by the Executive Engineer, Sabarimala Development Project, is that the estimate makes provision to renew the floor tiles of 11 rooms (Room Nos.4, 7, 10, 101, 102, 103, 105, 106, 109, 305 and 309) of Sabari Guest House as item No.12 of the estimate. Repairing of tiles is not possible owing to non-availability of skilled labour at a remote place like Sabarimala Sannidhanam. There will not be any finishing to the floor tiles if damaged tiles alone are changed, which will later invite criticism by the pilgrims. All floor tiles and wall tiles of 56 bathrooms in Sabari Guest House are proposed to be changed, as there is leakage in the concealed pipelines, which are very old. The floor tiles will be laid after doing leak proofing to the bathrooms and toilets. The PVC doors of all bathrooms and toilets are proposed to be replaced as the existing doors are damaged and looks very shabby due to old age. The repair work will further enhance the service life of the building by curtailing DBP Nos.41 and 42 of 2024 23 the leakage of pipelines, thereby arresting the corrosion to the reinforcement of columns, beams and slabs.

23. The learned Standing Counsel would also submit that, as stated in the written instructions dated 23.05.2024 of the Executive Engineer, Sabarimala Development Project, during the re-tender invitation in respect of Sabari Guest House the lowest bid received was 13.48% below the estimate rate. The second lowest was 17.20% above the estimate rate. The difference alone is Rs.43,77,000/-. The bid for the staff quarters is 17.20% above the estimate rate. If there is any change in the estimate, the Board may not get such an attractive offer. Having considered the pleadings and materials on record and also the submissions made by the learned Standing Counsel for Travancore Devaswom Board, the learned Senior Government Pleader for the State Audit Department, Travancore Devaswom Board and also the learned Amicus Curiae for Special Commissioner, Sabarimala, we find that, as noticed by the learned Ombudsman in Report Nos.18 of 2024 and 19 of 2024, the averment in Petition Nos.5 of 2024 and 6 of 2024 that repair works are essential is not controverted by the State Audit in the remarks dated 29.04.2024. In such circumstances, we deem it appropriate to dispose of these DBPs by granting approval for the work of DBP Nos.41 and 42 of 2024 24 special repairs and maintenance of Sabari Guest House at Sabarimala Sannidhanam, which is the subject matter in DBP No.41 of 2024 arising out of Petition No.5 of 2024 and the work of special repairs and maintenance of staff quarters building at south-west side of Sabarimala Sannidhanam, which is the subject matter in DBP No.42 of 2024 arising out of Petition No.6 of 2024, subject to the condition that the entire expenditure in this regard will be subject to audit by the State Audit Department. In case any tender documents in respect of the works which are the subject matter in DBP Nos.41 of 2024 and 42 of 2024, the details of entry in work register and maintenance register are yet to be furnished to the respondent Deputy Director, the Board shall furnish the same, immediately on receipt of a copy of this order and the remarks, if any, of the respondent made within a period of one week shall be considered by the Board before proceeding with the matter further. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- HARISANKAR V. MENON, JUDGE bkn/- DBP Nos.41 and 42 of 2024 25 APPENDIX OF DBP 41/2024 PETITIONER ANNEXURES ANNEXURE-G TRUE COPY OF THE CONTRACT SANCTION ACCORDED BY THE TRAVANCORE DEVASWOM BOARD, ROC NO.9702/21/M DATED 02.05.2024