Kerala High Court
Travancore Devaswom Board - Tdb vs The Deputy Director on 12 September, 2025
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
2025:KER:67968
DBP NO. 55 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
DBP NO. 55 OF 2025
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - REPORT NO.
45/2025 IN PETITION NO. 12/2025 - SEEKING APPROVAL FOR THE
AWARD OF CONTRACT FOR THE WORK OF SDP - SABARIMALA - ENVTL -
SUPPLY AND INSTALLATION OF NEW CHIMNEY FOR THE INCINERATOR AT
SABARIMALA - REG.
PETITIONER:
TRAVANCORE DEVASWOM BOARD,
REPRESENTED BY ITS EXECUTIVE ENGINEER, SABARIMALA
DEVELOPMENT PROJECT, PATHANAMTHITTA, PIN 689645
ADV. G. BIJU, SC FOR TDB
RESPONDENT:
THE DEPUTY DIRECTOR
KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM
BOARD AUDIT, NANTHENCODE,
THIRUVANANTHAPURAM, PIN- 695003
ADV. S. RAJMOHAN, SR. GP
ADV. P. RAMACHANDRAN, AMICUS CURIAE OMBUDSMAN
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 12.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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DBP NO. 55 OF 2025
2
JUDGMENT
Raja Vijayaraghavan V, J.
This Petition has been filed seeking approval for the award of contract for
the work of Sabarimala Development Project (SDP) - Sabarimala-ENVTL with
regard to Supply and installation of new Chimney for the incinerator at
Sabarimala.
2. We have heard the submissions advanced by both sides and have
gone through the records.
3. Having regard to the facts and circumstances, permission is granted
for the project subject to the following conditions:
a) It shall be ensured that the technical specifications for the chimney,
including parameters such as height, diameter, material composition,
corrosion protection, and load-bearing capacity, are finalized and duly
approved by qualified Engineers in strict conformity with the applicable
Indian Standards. Any ambiguity or discrepancy in these specifications
shall be resolved prior to the issuance of the work order. The quality of all
materials used shall be documented and furnished for verification during
the course of the statutory audit.
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DBP NO. 55 OF 2025
b) The Contractor shall execute a formal agreement with the Board before
commencing any work. This agreement shall expressly incorporate:
(i) the conditions of defect liability as prescribed in G.O.(Ms) No.
73/2013/PWD dated 31-08-2013 and as subsequently modified in
G.O.(P) No. 161/2019/Fin. dated 25-11-2019; and
(ii) a mandatory provision for insurance as stipulated in G.O.(P) No.
3/2017/PWD dated 09-08-2017.
c) Although such an insurance requirement was not part of the original
tender, it is imperative to include it to safeguard the interests of the
Devaswom and to guarantee the structural integrity and operational
safety of the chimney once installed.
d) The Executive Engineer shall ensure that the replacement of the Chimney
and the associated foundation work are carried out using materials of
certified quality, strictly in accordance with the standards and guidelines
issued by the Government, and in full compliance with all applicable
statutory provisions. Proper and environmentally sound disposal of
construction waste shall be ensured in consultation with the Kerala State
Pollution Control Board (KSPCB), and detailed records of such disposal
shall be included in the project documentation.
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DBP NO. 55 OF 2025
e) Upon completion of the work, the Executive Engineer shall further ensure
that emissions from the Chimney conform to the standards prescribed
under the Environment (Protection) Act, 1986. Periodic third-party
emission testing shall be conducted to verify continued adherence to
these norms before the release of the final payment. The operational
safety of the incinerator, including its integration with the chimney, shall
likewise be maintained in accordance with all applicable environmental
and safety standards.
f) The Executive Engineer shall also confirm that the installed Chimney
meets all environmental law requirements, again in consultation with the
KSPCB, and shall rectify any deficiencies or non-compliance prior to the
issuance of the final work order and after obtaining any additional
instructions required from the KSPCB.
g) The work must be completed within the time frame specified in the
contract. The Board shall also ensure that an Annual Maintenance
Contract (AMC) is executed for subsequent years, with appropriate
arrangements made to that effect. All relevant documents shall be
produced before the Audit Department for statutory audit within six
months from the date the work is completed and made operational.
h) Finally, the agreement executed between the parties shall incorporate all
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DBP NO. 55 OF 2025
the foregoing conditions and shall remain subject to statutory audit.
This DBP is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
msp
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DBP NO. 55 OF 2025
PETITIONER ANNEXURES
Annexure 1 COPY OF THE REMARKS DATED 04.08.2025
FILED BY KERALA STATE AUDIT DEPARTMENT
Annexure 2 COPY OF THE REPLY DATED 05.08.2025 FILED
BY THE EXECUTIVE ENGINEER, SABARIMALA
DEVELOPMENT PROJECT.
