Research › Browse › Judgment

Supreme Court of India · body

2012 DIGILAW 1040 (SC)

MARTHANDA VARMA v. STATE OF KERALA

2012-11-06

A.K.PATNAIK, R.M.LODHA

body2012
ORDER : 1. In our order dated April 18, 2012, it was observed that Kallara ’C’ needs to be strengthened. This observation was made on the basis of the Interim Report IV submitted by the Expert Committee. 2. Subsequent to Interim Report IV, Interim Report V has been submitted by the Expert Committee and it has been suggested that instead of Kallara ’C’, Kallara ’A’ needs to be strengthened first. 3. After receipt of the Interim Report V, we appointed Mr. Gopal Subramanium, learned senior counsel, as Amicus Curiae. Learned Amicus Curiae has submitted his report. Inter alia, he has suggested that all the Kallaras (Vaults), except Kallara ’B’, need to be strengthened and the strengthening can begin with Kallara ’A’ and the valuables of Kallara ’A’ can be shifted to Kallara ’C’ during the strengthening process and thereafter restored to Kallara ’A’. Learned Amicus Curiae has further suggested that after the strengthening of Kallara ’A’ is complete Kallara ’C’ can be strengthened and efforts can simultaneously be made to strengthen Kallaras ’D’, ’E’ and ’F’. 4. Having regard to above suggestions of learned Amicus Curiae and on hearing Mr. K.K. Venugopal, learned senior counsel for the petitioners in S.L.P. (C) No. 11295 of 2011 and S.L.P. (C) No. 12361 of 2011, Mr. Dhruv Mehta, learned senior counsel for the respondent Nos. 3 to 6 in S.L.P. (C) No. 12361 of 2011, and Ms. Liz Mathew, learned counsel for the State of Kerala, we direct that initially Kallara ’A’ may be strengthened. We are informed that strengthening of Kallara ’A’ would cost approximately ‘ 80-81 lakhs. We direct that of its cost be borne by the State of Kerala and 1/3 by the Temple Management. The Expert Committee shall ensure that the strengthening work of Kallara ’A’ begins at the earliest. The State Government and the Temple Management will make available their contribution of cost to the Expert Committee within one week of the demand raised by the Expert committee. During the strengthening process of Kallara ’A’, the valuables of Kallara ’A’ shall be shifted to Kallara ’C’ and on completion of strengthening of Kallara ’A’ the valuables shall be restored to Kallara ’A’. 5. Let copy of the report of the learned Amicus Curiae be given to the concerned parties. The other suggestions given by the learned Amicus Curiae shall be considered on the next date. 6. 5. Let copy of the report of the learned Amicus Curiae be given to the concerned parties. The other suggestions given by the learned Amicus Curiae shall be considered on the next date. 6. List the matters on December 12, 2012 at 3 p.m.