Kerala Court Pulls Up State Police For Not Registering FIR On Complaints of Illegal Mining Against Company Engaged In NH Widening Work

The Nedumkanam Magistrate Court in Kerala recently pulled up the State Police for not registering a case based on a complaint alleging illegal mining and granite theft worth crores by those engaged in widening of National Highways in Kerala and has directed the SHO, Shanthanpuram, to register the FIR on the complaint filed by the petitioner. 

 The petition points out that the project to widen the National Highway from Kochi to Bodimettu has been taken over by the NH division of the PWD, State of Kerala and the Munnar- Bodimettu Road, NH-85, has been decided to be widened at their cost in PPP Model. The developmental activities of which have been sub-tendered to Green Worth Pvt. Ltd, who are entrusted with cutting the sides of the hillocks of the existing roads to widen them. 

The petitioner alleges that Green Worth Company has illegally mined out 251289.33 cubic meters of granite stone from the government-owned puramboke land adjacent to the proposed NH without obtaining any permit or licence for the same. 

Relying heavily on the Kerala High Court decision in Shybi CJ v. State of Kerala and Others, it is further contended in the petition that the illegal mining and the subsequent sale allegedly made of the granite to private persons would come under the definition of theft under Sections 379 and 414 of the Indian Penal Code.

The petitioner alleges that although several media reports have been published regarding the issue, no FIR has been registered. The petitioner himself had filed a police complaint in May 2022; However, no action has been taken on the same. Further alleging that even the police colluded with the private company and the corrupt government officials involved in the theft.

The petitioner, thereby, approached the court, praying that it may take cognisance of the offences alleged.