P. C. Unnikrishnan v. Cochin Devaswom Board and Azhakiyavu Kshethra Thalappoli Aghosha Committee

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** # **`THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 17TH DAY OF AUGUST 2022/26TH SRAVANA, 1944 W.P.(C)NO.17587 OF 2022 ``` ``` PETITIONER: ``` ``` P. C.UNNIKRISHNAN, AGED 59 YEARS, S/O.CHAKRAPANI, 18/166 PULIKKAL PARAMBIL, PALLURUTHI, COCHIN - 6. BY ADVS.R.KRISHNA RAJ R.PRATHEESH (ARANMULA) E.S.SONI KUMARI SANGEETHA S.NAIR RESMI A. ``` ## **`RESPONDENTS:`** |**`1`**|**`COCHIN DEVASWOM BOARD`**| |---|---| ||**`REPRESENTED BY ITS SECRETARY, OFFICE OF THE`**| ||**`COCHIN DEVASWOM BOARD, THRISSUR - 680020.`**| |**`2`**|**`DEVASWOM OFFICER, AZHAKIYAKAVU DEVASWOM,`**| ||**`PALLURUTHINADA, KOCHI - 682 006.`**| |**`*3`**|**`AZHAKIYAKAVU KSHETHRA THALAPPOLI AGHOSHA`**| ||**`COMMITTEE`**| ||**`AZHAKIYAKAVU DEVASWOM, KOCHI - 682 006,`**| ||**`REPRESENTED BY ITS SECRETARY K. S.RAMA RAO.`**| ||**`IS CORRECTED AS “AZHAKIYAKAVU KSHETHRA`**| ||**`THALAPPOLI AGHOSHA COMMITTEE, AZHAKIYAKAVU`**| ||**`DEVASWOM KOCHI - 682 006, REPRESENTED BY ITS`**| ||**`SECRETARY - A.B.PURUSHOTHAMAN.`**| ||**`(ADDRESS OF R3 IS CORRECTED AS PER ORDER DATED`**| ||**`01.06.2022 IN I.A.1/2022 IN WP(C)17587/2022.)`**| -2- W.P.(C)No.17587 of 2022 ``` 4 ASSISTANT EXECUTIVE ENGINEER COCHIN DEVASWOM BOARD, OFFICE OF THE COCHIN DEVASWOM BOARD, THRISSUR - 680020. ``` ``` BY ADVS.SRI.K.P.SUDHEER, SC, CDB SRI.K.MOHANAKANNAN ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -3- W.P.(C)No.17587 of 2022 ## **JUDGMENT** ## Anil K. Narendran, J. The petitioner, who is a devotee of Sree Azhakiyakavu Bhagavathy of Azhakiyakavu Temple, Palluruthi, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent Cochin Devaswom Board to constitute a proper committee exclusively for the purpose of construction of Nadappanthal, office room and vazhipadu counter in the said temple and publish the budget for the construction of Nadappanthal and the source income which is earmarked for making such constructions. The grievance of the petitioner is against the 3[rd] respondent Azhakiyakavu Kshethra Thalappoli Aghosha Committee in executing the constructions referred to above. 2. On 01.06.2022, when this writ petition came up for admission, the learned Standing Counsel for Cochin Devaswom Board took notice on admission for respondents 1, 2 and 4. This Court issued urgent notice on admission by special messenger to the 3[rd] respondent, returnable by 06.06.2022. The learned Standing Counsel for Cochin Devaswom Board was directed to get instructions. -4- W.P.(C)No.17587 of 2022 3. The 1[st] respondent Cochin Devaswom Board has filed a counter affidavit dated 11.06.2022, opposing the reliefs sought for in this writ petition. Paragraphs 5 to 11 of the said counter affidavit read thus; “5. It is submitted that this Hon'ble Court by judgment dated 18.12.2019 in W.P.(C)No.32321 of 2019 directed the Devaswom Board to take appropriate steps for constituting a Temple Advisory Committee in tune with the provisions under Section 76A of the Travancore Cochin Hindu Religious Institutions Act, 1950 within a period of three months from the date of receipt of copy of the judgment in W.P.(C)No.32321 of 2019. In terms of the direction issued by this Hon'ble Court in the judgment dated 18.12.2019 a Temple Advisory Committee has to be constituted on or before 28.04.2020. By order dated 17.08.2020 in I.A. No.1 of 2020 in W.P.(C)No.32321 of 2019 this Hon'ble Court was pleased to grant a further period of six months from 28.4.2020 to comply with the directions in the judgment dated 18.12.2019 in W.P.(C)No.32321 of 2019. In this regard a true copy of order dated 17.08.2020 in I.A. No.1 of 2020 in W.P.(C)No.32321 of 2019 passed by this Hon'ble Court is produced herewith and marked as Exhibit R1(A). 6. It is submitted that in terms of the directions issued by this Hon'ble Court in the aforementioned judgment, the 2[nd] respondent issued notification for election to the -5- W.P.(C)No.17587 of 2022 Temple Advisory Committee of Azhakiyakavu Devi temple. Applications were disbursed from 16.09.2020 to 22.09.2020 and the date for submitting the application was fixed as 28.09.2020. Altogether 508 persons received applications and out of which 425 persons resubmitted the application. A draft list of 425 persons was published for election to the Temple Advisory Committee. But, in view of the restrictions imposed by the Government of Kerala on account of Covid-19 pandemic the general body meeting could not be convened at that time. Since the time limit fixed by this Hon'ble Court in the judgment dated 18.12.2019 was expiring yet another interlocutory application was filed as I.A.No.3 of 2020. By order dated 27.11.2020 this Hon'ble Court was pleased to grant further extension of time of six months for convening the general body to constitute a Temple Advisory Committee. A true copy of order dated 27.11.2020 in I.A.No.3 of 2020 in I.A.No.1 of 2020 in W.P.(C)No.32321 of 2019 passed by this Hon'ble Court is produced herewith and marked as Exhibit R1(B). Since the general body could not be convened due to the restrictions in relation to the Covid 19 pandemic and other reasons yet another application was filed as I.A.No.1 of 2021 in W.P.(C)No.32321 of 2019. In the said application a further period of eight months from 28.04.2021 was sought for by the Devaswom. In this regard true copy of I.A.No.1 of 2021 dated 17.09.2021 in I.A.No.3 of 2020 in I.A.No.1 of 2020 in W.P.(C)No.32321 of 2019 filed before this -6- W.P.(C)No.17587 of 2022 Hon'ble Court is produced herewith and marked as Exhibit R1(C). 7. It is submitted that since a general body for constituting a Temple Advisory Committee could not be convened the Devaswom Officer for conducting the Thalappoli festival in a proper manner prepared a list of devotees who are regular worshippers and actively involved in the affairs of the temple and the same was forwarded to the Devaswom Assistant Commissioner, Thripunithura group. The Devaswom Assistant Commissioner forwarded the list prepared by the 2[nd] respondent to the Devaswom Commissioner, Cochin Devaswom Board. In this regard true copy of the communication Reference No.M4-716/20 dated 12.11.2021 issued by the Assistant Commissioner, Thrippunithura group to the Devaswom Commissioner, Cochin Devaswom Board is produced here with and marked as Exhibit R1(D). 8. It is submitted that by Ext.P2 order, the board granted approval for the Committee constituted for the thalappoli festival of Azhakiyakavu temple for the year 1197 ME. The festival committee was constituted for the reason that the election to the temple advisory committee could not be conducted due to the restrictions imposed on account of Covid 19 pandemic. The thalappoli festival of Azhakiyakavu Devi temple commenced on 15.01.2022 and the festival was concluded on 06.02.2022. The allegation of the petitioner that in the 3[rd] respondent committee almost -7- W.P.(C)No.17587 of 2022 all the persons who were included in the renovation committee were included is absolutely incorrect. The petitioner has neither pleaded nor furnished any such details in the writ petition. It is without ascertaining the actual facts such wild allegations are raised by the petitioner. This deponent on enquiry found that only serial numbers 3 and 6 in Exhibit P2 order alone were the members of the renovation committee. 9. It is submitted that the Devaswom Board has issued orders permitting the Executive Engineer to grant permission for effecting constructions carried out by temple advisory committees and sponsorship works. In this regard true copy of order No.H1.60/2021 dated 17.06.2021 issued by the special Devaswom Commissioner is produced here with and marked as Exhibit R1(E). It is submitted that after the festival, the 3[rd] respondent committee submitted a request dated 05.02.2022 seeking permission for construction of a ‘nadapanthal’ to the 2[nd] respondent and who in turn forwarded the same to the board. A report was also submitted by the Assistant Commissioner, Thripunithura group on 10.02.2022. The Executive Engineer by file note dated 23.02.2022 directed the 3[rd] respondent committee to submit the plan and details through the Devaswom Officer and the Assistant Commissioner. It is thereafter the 3[rd] respondent committee submitted a request dated 16.03.2022 to the Executive Engineer and submitted the plan and details. In this regard true copy of request dated 16.03.2022 submitted by the 3[rd] -8- W.P.(C)No.17587 of 2022 respondent to the Executive Engineer, Maramath Wing, CDB is produced here with and marked as Exhibit R1(F). It is thereafter the 3[rd] respondent committee forwarded the plan and details through the Assistant Commissioner to the Devaswom Commissioner on 18.03.2022. In this regard true copy of the communication reference No. M4 02/13 dated 18.03.2022 issued by the Assistant Commissioner, Thrippunithura group to the Devaswom Commissioner, CDB is produced here with and marked as Exhibit R1(G). It is submitted that along with Exhibit R1(F) request and R1(G) report the matter was placed before the Executive Engineer and the relevant pages of the file note is produced herewith and marked as Exhibit R1(H). It is based on that Exhibit P3 order was issued by the Assistant Executive Engineer. So, the allegations of the petitioner that the Assistant Executive Engineer has no authority to issue Exhibit P3 is absolutely incorrect. 10. It is submitted that the petitioner has made various allegations against the Punarudharana samithy without impleading them. It is submitted that the petitioner has filed W.P.(C) No.15003 of 2021 praying for a direction to audit the entire income and expenditure relating to the renovation of the temple. The averments contained in paragraph 2 of this writ petition are the verbatim reproduction of the averments contained in paragraph 2 of W.P.(C)No.15003 of 2021. Similarly, the entire averments contained in paragraph 3 and 4 of this writ -9- W.P.(C)No.17587 of 2022 petition are also the verbatim reproduction of paragraph 3 and 4 in W.P.(C)No.15003 of 2021. It is submitted that in Exhibit P3 order, it was specifically stipulated that the work should be completed before 30.04.2022 and after completion of the work the committee has to submit the entire accounts of the constructions and the Devaswom officer and the Assistant Commissioner is directed to forward the total expenditure statement of the work in question. It is submitted that the work of nadapanthal is nearing completion and the same will be over in a couple of days. Even though the petitioner in ground A of the writ petition alleges that action should be taken against members of the renovation committee, the petitioner has not chosen to implead the renovation committee. 11. It is submitted that the 3[rd] respondent committee submitted the statement of account of the Thalapoli festival for audit and the same was also published in the notice board of the temple. In this regard true copy of the statement of account submitted by the 3[rd] respondent committee is produced herewith and marked as Exhibit R1(I). Ext.P3 order was issued considering the betterment of the temple and convenience of the devotees. There is absolutely no other consideration in issuing Ext.P3 order. As admitted by the petitioner himself, construction of nadapanthal is an absolute necessity. The construction of nadapanthal was also done under the supervision of the officers of the maramarth wing of the devaswom. The 3[rd] -10- W.P.(C)No.17587 of 2022 respondent committee was constituted in view of the practical difficult in forming the Temple Advisory Committee. Since applications were accepted during 2020, fresh applications were issued from 25.04.2022 to 05.05.2022. The last date fixed for submitting the application was 10.05.2022 and after scrutiny a draft list of the general body was also published. In this regard true copy of the notice dated 29.04.2022 published by the 2[nd] respondent is produced herewith and marked as Exhibit R1(J). Altogether 522 persons are included in the draft list published. Seven days time is granted for submitting objection to the draft list and the general body is scheduled to take place on 26.6.2022. It is submitted that the present Devaswom Officer is having additional charge of Pazhayannur Devaswom also and in all the temples election to the Temple Advisory Committee is being conducted.” 4. The 3[rd] respondent Azhakiyakavu Kshethra Thalappoli Aghosha Committee has filed a counter affidavit dated 28.06.2022. Paragraphs 3 to 9 of the that counter ## affidavit read thus; “3) It is respectfully submitted that the term of the Aghosha Committee was over on 30.04.2022 and the Committee has submitted the income and expenditure statement of accounts before the Devaswom Officer on 30.04.2022 itself. True copy of the same is produced herewith and marked as Ext.R3(a). The copies of the -11- W.P.(C)No.17587 of 2022 same has been distributed to the devotees as well to ensure transparency and there is no complaint from any corner so far regarding the same. 4) There was a suggestion to construct a Nadappanthal on the eastern side of the Temple and it was the long cherished desire of the worshippers. Therefore, the Committee has requested for effecting the construction of the Nadappanthal subject to the approval of the Board and subject to approval of the plan and estimate by the Board by representation dated 05.02.2022. True copy of the representation submitted by the 3[rd] Respondent before the Devaswom Officer, Azhakiyavu Devaswom, Palluruthy dated 05.02.2022 is produced herewith and marked as Ext.R3(b). 5) Thereafter also another request was made on 16.03.2022. Considering the request of the Petitioner and based on the report of the Assistant Commissioner, Tripunithura, the Assistant Executive Engineer has granted permission to construct the Nadappanthal and it has to be completed before 30.04.2022. True copy of the proceedings of the Assistant Executive Engineer dated 20.04.2022 is produced herewith and marked as Ext.R3(c). The plan and estimate was approved by the Board only on 20.04.2022 directing the completion of the construction before 30.04.2022. The construction was commenced immediately after Ext.R3(c) and while the construction was under way, a request was made for extension of time for completing the construction vide representation of the 3[rd] Respondent dated 30.04.2022. -12- W.P.(C)No.17587 of 2022 6) It is respectfully submitted that due to the change in the climatic conditions and other incidental issues, even though the construction commenced immediately on issuance of Ext.R3(c) the construction could not be completed within the time stipulated. The request of the 3[rd] Respondent for extension of time for completing the construction is pending before the Board. 7) It is respectfully submitted that we have completed the truss work and roofing and the only remaining work is to put up handrails on all the sides of the Nadappanthal and painting. Only less than 10% of the work is remaining. The work is in progress. Some of the photographs which show the present stage of the construction is produced herewith and marked as Ext.R3(d). 8) Immediately after completing the construction, the income and expenditure, statement with all receipts and accounts, etc. will be furnished before the Board authorities for further necessary action. After the completion of the construction of the Nadappanthal, this has to be dedicated to the Devaswom and opinion of the Thanthri is sought for and he assured that he will be there to conduct the 'SamarppanaKarmam' (സമർ്ᩔണകർമം). 9) We have made our earnest efforts to complete the construction within the time stipulated. Only 10 days time was remaining after the issuance of Ext.R3(c) order on 20.04.2022 for completing the construction and therefore, the construction could not be completed before -13- W.P.(C)No.17587 of 2022 30.04.2022. The delay in completing the construction is not purposeful or intentional and the same may kindly be excused.” 5. On 12.08.2022, when this writ petition came up for consideration, the learned Standing Counsel for Cochin Devaswom Board submitted that the construction of the Nadapanthal by the 3[rd] respondent Committee is already over and it is going to be dedicated on 19.08.2022. Further, the General Body of the registered mandalam is scheduled to be convened on 14.08.2022, to elect members to the Temple Advisory Committee. 6. Heard the learned counsel for the petitioner, the learned Standing Counsel for Cochin Devaswom Board representing respondents 1, 2 and 4 and also the learned counsel for the 3[rd] respondent. 7. Section 31A of the Travancore-Cochin Hindu Religious Institutions Act deals with the formation of the Temple Advisory Committees in the temples under the management of Travancore Devaswom Board. Section 76A of the said Act, which is _pari materia_ to Section 31A, deals with formation of Temple Advisory Committees in temples under -14- W.P.(C)No.17587 of 2022 the management of Cochin Devaswom Board. 8. In **Chandu K. v. Travancore Devaswom Board [2021 (3) KHC 379]** a Division Bench of this Court held that, with the insertion of Section 31A to the Travancore Cochin Hindu Religious Institutions Act, the formation of Temple Advisory Committees in temples has become statutory. In the said decision, the Division Bench noticed that, the Travancore Devaswom Board, in exercise of the rule making power under clause (a) of sub-section (2) of Section 35 of the Act, has framed rules for the formation of Temple Advisory Committees in temples under the Travancore Devaswom Board and this Court has approved the draft byelaws by the order dated 03.11.2011 in DBA No. 153 of 2009. Clause (11) of the Rules deals with the term of office of the Temple Advisory Committee. As per Clause (11), the term of office of the Temple Advisory Committee shall be two years from the date of approval of the election by the Devaswom Commissioner. The Devaswom Commissioner has the authority to extend the term of the committee by one year in case of development works or unavoidable rituals in the -15- W.P.(C)No.17587 of 2022 temple. The Board will have the power to extend the term by a further period of one year. The term shall not to be extended beyond the period of two years. Thus, the term of the committees is statutorily fixed. The term can be extended by one year or up to two years under certain unavoidable circumstances and no longer. The object of providing duration of office of Temple Advisory Committees in the approved byelaws is to see that timely elections are held and the constitution of the Committees are not delayed. The power of the Devaswom Commissioner or the Board to extend the term of the Temple Advisory Committee, which is fixed as per the approved bye-laws, shall not be exercised as a matter of course. They shall call for report regarding the developmental work going on in the temple concerned or the unavoidable rituals to be carried out in the temple concerned and apply their mind to the materials and form a decision as to whether extension of term has to be given or not. 9. In view of the provisions under Section 76A of the Act and that contain in the rules framed by the Cochin Devaswom Board for constitution of Temple Advisory -16- W.P.(C)No.17587 of 2022 Committee in the temples under its management, any construction activity in a temple has to be undertaken either directly by the Department or through the Temple Advisory Committees constituted under Section 76A of the Act. Therefore, the construction, repair or renovation work that have to be undertaken in a temple is not outside the purview of the Temple Advisory Committees constituted under Section 76A of the Act. It is held so, by a Division Bench of this Court in **Sunil Kumar C. and others v. Travancore Devaswom Board and others [2022 (4) KHC 663]** , in the context of Section 31A of the Act. 10. In view of the provisions under Section 76A of the Act and that contain in the rules framed by the Cochin Devaswom Board for constitution of Temple Advisory Committee in the temples under its management and also the law laid down by this Court in **Sunil Kumar C. [2022 (4) KHC 663]** , any construction in the temples under the management of Cochin Devaswom Board has to be undertaken either directly by the Department or through the Temple Advisory Committees constituted under Section 76A of -17- W.P.(C)No.17587 of 2022 the Act. Such construction activities cannot be permitted to be undertaken by an Ad-hoc committee or an Agosha committee like the 3[rd] respondent herein. The income and expenditure of the said committee have to be audited, as per the statutory mandate, within the statutory time limit. 11. Now the construction of the Nadappandhal by the 3[rd] respondent committee is over, which is going to be dedicated on 19.08.2022. The General Body of registered mandalam has already been convened on 14.08.2022 to elect members of the Temple Advisory Committee. In such circumstances, this writ petition is disposed of by directing the 2[nd] respondent Devaswom Officer to take necessary steps to ensure that the audited accounts of the 3[rd] respondent Azhakiyakavu Kshethra Aghosha Committee are subjected to statutory audit, within a period of two months. The learned counsel for the 3[rd] respondent committee would submit that the audited accounts of the committee shall be submitted to the 2[nd] respondent Devaswom Officer, within a period of one month from the date of this judgment. The said undertaking made on behalf of the 3[rd] respondent committee -18- W.P.(C)No.17587 of 2022 is recorded. In case any irregularities are detected in the audit of accounts, the concerned authorities shall take necessary action against those who are responsible for such irregularities. Necessary proceedings in this regard shall be taken, in accordance with law, immediately after finalisation of the audit. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/-** **P.G. AJITHKUMAR, JUDGE** AV/22/8 -19- W.P.(C)No.17587 of 2022 ## **`APPENDIX OF WP(C) 17587/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 TRUE COPY OF THE REPORT NO.M4.2/13 DATED 10.01.2022 SUBMITTED BY THE JUNIOR SUPERINTENDENT, OFFICE OF THE DEVSWOM ASSISTANT COMMISSIONER, THRIPUNITHURA BEFORE THE COCHIN DEVASWOM BOARD. ``` - **`Exhibit P2 TRUE COPY OF THE ORDER CONSTITUTING THE THALAPPOLI AGHOSHA COMMITTEE DATED 24.11.2021 OF THE SECRETARY OF THE COCHIN DEVASWOM BOARD.`** - **`Exhibit P3 TRUE COPY OF THE ORDER OF THE ASSISTANT EXECUTIVE ENGINEER ACCORDING SANCTION TO THE THALAPPOLI AGHOSHA COMMITTEE TO EXECUTE THE CONSTRUCTION OF THE NADAPPANTHAL, OFFICE ROOM AND MOVING COUNTER DATED 20.04.2022`** - **`RESPONDENT EXHIBITS`** ``` EXHIBIT R1 A TRUE COPY OF THE ORDER DATED 17.8.2020 IN I.A. No. 1/2020 in WP(C) NO. 32321/2019 PASSED BY THIS HON’BLE COURT ``` - **`EXHIBIT R1 B TRUE COPY OF ORDER DATED 27.11.2020 IN I.A.NO.3/2020 IN I.A.NO.1/2020 IN WPC NO.32321/2019 PASSED BY THIS HON’BLE COURT`** - **`EXHIBIT R1 C TRUE COPY OF I.A.NO.1/2021 DATED 17.9.2021 IN I.A.NO.3/2020 IN I.A.NO.1/2020 IN WPC NO.32321/2019 FILED BEFORE THIS HON’BLE COURT`** - **`EXHIBIT R1 D TRUE COPY OF COMMUNICATION REFERENCE NO.M4-716/20 DATED 12/11/2021 ISSUED BY THE ASSISTANT COMMISSIONER, THRIPPUNITHURA GROUP TO THE DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD.`** - **`EXHIBIT R1 E TRUE COPY OF ORDER NO.H1.60/2021 DATED 17/06/2021 ISSUED BY THE SPECIAL DEVASWOM COMMISSIONER`** - **`EXHIBIT R1 F TRUE COPY OF REQUEST DATED 16/03/2022 SUBMITTED BY THE 3[RD] RESPONDENT TO THE EXECUTIVE ENGINEER, MARAMATH WING, CDB`** -20- W.P.(C)No.17587 of 2022 ``` EXHIBIT R1 G ``` ``` TRUE COPY OF COMMUNICATION REFERENCE NO.M4 02/13 DATED 18/03/2022 ISSUED BY THE ASSISTANT COMMISSIONER, THRIPPUNITHURA GROUP TO THE DEVASWOM COMMISSIONER ``` ``` EXHIBIT R1 H TRUE COPY OF RELEVANT PAGES OF FILE NOTE OF THE BOARD EXHIBIT R1 I TRUE COPY OF THE STATEMENT OF ACCOUNT SUBMITTED BY THE 3[RD] RESPONDENT COMMITTEE EXHIBIT R1 J TRUE COPY OF THE NOTICE DATED 29.04.2022 PUBLISHED BY THE 2[ND] RESPONDENT Exhibit R3 A TRUE COPY OF THE INCOME AND EXPENDITURE STATEMENT OF ACCOUNTS BEFORE THE DEVASWOM OFFICER DATED 30.4.2022 Exhibit R3 B TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD RESPONDENT BEFORE THE DEVASWOM OFFICER, AZHAKIYAVU DEVASWOM, PALLURUTHY DATED 5.2.2022 Exhibit R3 C TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EXECUTIVE ENGINEER. Exhibit R3 D TRUE COPY OF THE SOME OF THE PHOTOGRAPHS WHICH SHOW PRESENT STAGE OF THE CONSTRUCTION. ```