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KERALA COURT: PULLING UP STATE POLICE FOR NOT REGISTERING FIR ON COMPLAINTS OF ILLEGAL MINING AGAINST COMPANY ENGAGED IN NH WIDENING WORK

In Kerala, the Nedumkanam Magistrate Court observed and 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 the court has directed the SHO, Shanthanpuram, for registering an FIR on the complaint filed by the petitioner.

The project was pointed out in the petition 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, it has been decided to be widened at their cost in PPP Model. It was observed that the development activities of which have been sub-tendered to Green Worth Pvt. Ltd, who are entrusted with cutting the sides of the hillocks to widen them of the existing roads.

It was alleged by the petitioner 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 having and obtaining any permit or licence for the same.

The court heavily relied on the Kerala High Court decision in the case Shybi CJ v. State of Kerala and Others. In the petition, it was further contended 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, 1860.

It was alleged by the petitioner that several media reports have been published regarding the issue, though no FIR has been registered. In May 2022, the petitioner himself had filled a police complaint, Therefore, no action has been taken on the same. Further, it was alleged that even the police colluded with the private company and the corrupt government officials involved in the theft.

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

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