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2012 DIGILAW 402 (SC)

MARTHANDA VARMA v. T. P. SUNDARA RAJAN

2012-04-18

A.K.PATNAIK, R.M.LODHA

body2012
ORDER : By Interim Report -IV dated March 26, 2012, the Expert Committee has sought the following directions: (i) Whether the Committee can open Kallara ’B’; (ii) whether the Committee can defer the construction of a new vault till Kallara ’B’ is opened and to decide whether the articles can be stored in the existing kallaras, without compromising on security and preservation and (iii) direction on expenditure for strengthening Kallara C, costing approximately Rs. thirty seven lakhs. 2. In the order dated July 21, 2011, inter alia, this Court directed the Expert Committee to examine and give the opinion as to whether it is necessary to open Kallara ’B’ at this stage. 3. In its Interim Report-IV, the Committee has not given any opinion after examining all aspects of the matter as directed in the order dated July 21, 2011 as to whether it is necessary to open kallara ’B’ at this stage. 4. In our view, the inventorisation of the Articles of Kallara ’A’ has be completed first. On completion thereof, the Expert Committee shall examine the matter as per the order dated July 21, 2011 and submit its opinion about opening of kallara ’B’. 5. In its Progress Report -I, the Co-ordinator of the Expert Committee has submitted summary of work so far completed (i) in a sealed cover comprising of Article I in electronic format and (ii) Article II in hard copy format. He has also sent the password and report on existing vaults in sealed covers as Article III and Article IV respectively. 6. The Expert Committee shall ensure that summary of work in electronic format and hard copy is kept in a sealed cover and no further copies are prepared. 7. The Court Masters shall put the above Articles I to IV and also copies prepared for the second set in a sealed cover and hand over the same to the Registrar (J-III) for keeping it in his lock and key. 8. In the Progress Report -I, Co-ordinator has indicated that the inventorisation of kallara ’A’ will take place after April 23, 2012. He has also stated that it is not practical to keep the valuables from Kallara ’A’ back into the same space without compromising the conservation and safety standards. 9. 8. In the Progress Report -I, Co-ordinator has indicated that the inventorisation of kallara ’A’ will take place after April 23, 2012. He has also stated that it is not practical to keep the valuables from Kallara ’A’ back into the same space without compromising the conservation and safety standards. 9. In our opinion, the Expert Committee has to ensure that after inventorisation, all the articles/valuables from kallara ’A’ are kept back into the same space and with the help of the experts, it must be ensured that there is no compromise to the conservation and safety standards of these articles/valuables. 10. As regards strengthening of Kallara ’C’, in the Interim Report-IV, it is stated that it would cost approximately Rs. 35/37 lakhs. In our view, Kallara ’C’ needs to be strengthened and 2/3rd of its costs must be borne by the State of Kerala and 1/3rd by the Temple Management. 11. The State of Kerala and the Temple Management are towards expenditure for ’C’ to the Expert Committee directed to contribute their share strengthening of kallara within one month from today. 12. List the matter on August 8, 2012 at 3.30 p.m for further directions.