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2018 Supreme(Online)(KER) 56757

HIGH COURT OF KERALA
K.ABRAHAM MATHEW, J
T.S. ASOK – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.S.SREEKUMAR, SENIOR ADVOCATE, ADVS. SRI.A.JANI(KOLLAM) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA, ADDL.STATE PUBLIC PROSECUTOR SRI.SURESHBABU THOMAS, ADV. SRI.J.MARY HELP JOHN DAVID, ADV. SRI.MILLU DANDAPANI

JUDGMENT

The Kerala Water Authority has been providing sewerage services in Thiruvananthapuram Municipal Corporation since 1960s. 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 W.P.(C).Nos.36735, 37237 and 39469 of 2017 2 Department requested the Water Authority to protect the 'puramboke' land. By illegal means the 5th accused 'pursued th

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