K. Abraham Mathew, J.

1. The Kerala Water Authority has been providing sewerage services in Thiruvananthapuram Municipal Corporation since 1960. The sewerage line passed through the property which is in the possession of Artech Realtors Pvt. Ltd. (hereinafter called the company) and situated at Pattur, of which the petitioner in W.P. No. 36735 of 2017 (fifth accused) is the Managing Director. At the request of the company, on 7.8.2008, the petitioner in W.P. No. 39469 of 2017 (first accused), the then Executive Engineer of the Kerala Water Authority, ordered shifting of the sewerage line from the property in the possession of the company on its remitting Rs. 14.80 lakhs. Because of the intervention of the Managing Director of the Water Authority, it did not materialise. The Water Authority claimed title to the property through which the sewerage line passed (hereinafter referred to as the property in dispute). But the company again made the same request to the Water Authority, Water Resources Department and Revenue Department. The Vigilance Department requested the Water Authority to protect the puramboke land. By illegal means the 5th accused pursued the issuance of Government Order Rt. No. 1024/14/RD dated 18.2.2014 constituting a committee comprising Land Revenue Commissioner (Chairman), District Collector, Thiruvananthapuram, Director Survey and Land Records and Managing Director, Kerala Water Authority (members) for conducting site inspection. Meanwhile, on 8.4.2014 the 6th respondent in W.P. No. 36735 of 2017 (second accused) Executive Engineer of the Kerala Water Authority reported to the Land Revenue Commissioner that the sewerage line passed through the property belonging to the company comprised in Survey No. 1805 B and 1806 B and C, for which he had no authority. The petitioner in W.P. No. 37237 of 2017 (third accused), the then Chief Secretary, Government of Kerala, instead of referring the matter to the Water Resources Department accepted the report though it was not endorsed by the Managing Director of the Kerala Water Authority. The third accused Chief Secretary made the following evasive observation in the relevant file:

“It appears that the land through which pipeline passes through is not poramboke. It appears just and proper that it should be shifted out of Realtors' land so as it does not pose a hindrance to the Realtors plans provided the entire cost for the shifting of the pipeline is borne by the Realtors.”

The 8th respondent in W.P. No. 36735 of 2017 (4th accused), the then Chief Minister, approved it. This resulted in the Additional Secretary for the Revenue directing the Managing Director of the Kerala Water Authority to take appropriate steps to shift the sewer from the property of the company. The shifting was completed on 3.6.2014. It was done by violating Section 16 of the Kerala Water Supply and Sewerage Act 1986, which provides that all assets including sewerage services, sub soil appertaining of the sewers or any pipes shall vest with the Kerala Water Authority. The decision to shift the sewerage line was taken notwithstanding the claim of the Water Authority that the property through which it passed is poramboke and it does not belong to the company. The third accused (Chief Secretary) and the 4th accused (Chief Minister) kept in dark the Minister for the Water Resources and the Principal Secretary of the Department. The illegal order for shifting of the sewer was made to enable the company to construct a high rise building and sell it at a high price. The accused public servants (accused 1 to 4) helped the company whose Managing Director is the 5th accused gain pecuniary advantage, for which the former sacrificed public interest. The Deputy Superintendent of Police attached to the Vigilance and Anti Corruption Bureau suspected commission of the offences U/S.13(2) r/w S.13(1)(d) o