C O M M O N O R D E R

The petitioner in O.P.(Crl) No.122 of 2016 is the 3rd accused, the petitioner in O.P.(Crl) No.124 of 2016 is the 2nd accused and the petitioner in Crl.M.C. No.7310 of 2015 is the 1st accused in V.C.No.5/15 of VACB, Malappuram.

2. The 1st accused was the Assistant Engineer in Kozhikode Harbour Division. He was functioning as such in the Ponnani Fisheries Harbour Port for the period from 11.01.2006 to 01.10.2007. The 2nd accused was the Assistant Executive Engineer of the Ponnani Harbour Division during the period in question. The 3rd accused was the Chief Engineer of the Harbour Engineering Department for the period up to 11.04.2008, on which date he was conferred with IAS.

3. There was a proposal for the construction of a Fishing Harbour at Ponnani at the mouth place, wherein Bharathapuha joins the Sea. The Government engaged the Central Water Power Research Station(CWPRS), Pune, to conduct a feasibility study and to prepare a technical report. By consuming almost 7 years, they conducted a feasibility study as well as project study, and prepared and furnished a technical report on 18.04.2001. The Government seriously considered the matter and issued administrati