Kerala court pulls up State Police for not registering FIR on complaint of granite theft against company engaged for NH widening

A Kerala court recently pulled up the State Police for not registering a case based on complaint alleging illegal mining and theft of granite worth crores of rupees by engaged for widening of National Highways (NH) in Kerala. .The Nedumkanam Magistrate Court directed the Station House Officer, Shanthanpara to register a first information report (FIR) on the complaint filed by the petitioner, Girish Babu, through advocate Joseph Rony Jose..The plea pointed out that widening of the NH from Kochi to Bodimettu has been taken over by the NH Division of the State Public Works Department (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 were entrusted with M/s Dineesh Chandra R Agarwal infracon (Pvt Ltd.) and it was further sub-tendered by them to another firm, Green Worth Pvt. Ltd.This company was entrusted with the task of cutting of the side of hillocks of the existing road for the proper widening of the road. The plea alleged that Green Worth has illegally mined out 251289.33 cubic metres (628223.33 metric tons) of granite stone from the government Puramboke land adjacent to the proposed NH without obtaining any permissions or license. The plea alleged that the illegal act was carried out with the knowledge of the authorities concerned."Instead the said company took this as a chance to steal mineral worth crores of rupees from the government land and make commercial use of it, illegally transport the same, sell it and thereby make huge undue financial benefit. The company and its directors, staffs were actively involved in this illegal extraction of mineral from the said land. The Village Officer, Tahsildar, District Geologist and PWD officials were well aware of this offence of theft of minerals being committed from the government Puramboke property," the plea said.Relying on the decision of the Kerala High Court in Shybi CJ v State of Kerala & Ors, it was 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 CodeThe petitioner stated that even though several media reports have been published regarding the issue, no FIR has been registered, showing a serious lapse on the part of the police department.The petitioner himself filed a police complaint in May 2022 but no action has been taken on the same.The plea alleged that even the police are colluding with the private company as well as the corrupt government officials involved in the theft.Therefore, he approached the Court, praying that it may take cognisance of the offences alleged and proceed against the accused as per law.