N.DHARMARAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Cr.P.C.

(2.) The applicants herein are accused Nos.2 and 3 in O.R.No.2 of 2018 registered at the Mupliyam Forest Station under Sections 27(1)(e), (i),(iv), 66 and 84 of the Kerala Forest Act, 1961.

(3.) The 1st applicant is the Chief Executive Officer and the 2 nd applicant is the Group Manager of M/s. Harrisons Malayalam Ltd., a Public Limited Company incorporated under the Companies Act, 1956. On the strength of various deeds, which fact is admitted by the prosecution, M/s. Harrison Malayalam Ltd. has acquired leasehold right over about 6000 acres of property. The said rubber plantation is known as Mooply Estate. It is alleged that in violation of the terms of the lease, the applicants permitted the 1st accused in the aforesaid crime to construct a Madrasa building in a property having an extent of about 0.1937 hectares. The value of the property has been assessed as Rs.7 lakhs and the value of the construction at Rs.20 lakhs.