AIADMK GOVERNMENT (2016 - 2020)5. So far, the DravidaMunnetraKazhagam (“DMK”), through its...
Transcript of AIADMK GOVERNMENT (2016 - 2020)5. So far, the DravidaMunnetraKazhagam (“DMK”), through its...
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LARGE SCALE CORRUPTION
BY
CHIEF MINISTER
AND
THE COUNCIL OF MINISTERS
OF
AIADMK GOVERNMENT
(2016 - 2020)
- Representation by D.M.K.
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INDEX
S.NO
CONTENT
PAGE NO
1. REPRESENTATION
4
2. CORRUPT ACTIVITIES OF HON’BLE CHIEF MINISTER THIRU. EDAPADI K.PALANISAMI
a) CORRUPTION IN AWARD OF TENDERS TO HIS RELATIVES
b) CORRUPTION IN FREE PDS RICE SCHEME GIVEN BY THE CENTRAL GOVT
c) CORRUPTION IN HIGHWAY
TENDERS d) DISPROPORTIONATE
ASSETS
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10
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3. CORRUPT ACTIVITIES OF HON’BLE DEPUTY CHIEF MINISTER THIRU. O. PANNEERSELVAM
a) DISPROPORTIONATE ASSETS
b) CONFLICT OF INTEREST, QUID PRO QUO
c) BRIBE PAID BY U.S.
COMPANY TO EB AND PLANNING PERMISSION ETC.,
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35
39
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4. CORRUPT ACTIVITIES OF
HON’BLE MINISTER FOR MUNICIPAL ADMINISTRATION THIRU. S. P. VELUMANI a) LARGE SCALE CORRUPTION
IN ALLOTTING CONTRACTS TO HIS BENAMIES
b) FIXATION OF LED LAMPS
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5. CORRUPT ACTIVITIES OF HON’BLE MINISTER FOR ELECTRICITY THIRU. P. THANGAMANI
a) IMPORT OF COAL
b) BID QUALIFICATION REQUIREMENT (BQR) & INAPPROPRIATE PRICE MANAGEMENT
c) CONTRACT MANAGEMENT FOR IMPORT OF COAL
d) IMPORT OF LOW-GRADE COAL
e) EID PARRY CONTRACT
f) CORRUPTION IN PURCHASE OF SPARE PARTS - M/s. BHEL (BHARATH HEAVY ELECTRICALS LIMITED)
g) CORRUPTION IN WIND ENERGY- IBPIL
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6. CORRUPT ACTIVITIES OF
HON’BLE MINISTER FOR FOOD AND CIVIL SUPPLIES THIRU. R. KAMARAJ
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7. CORRUPT ACTIVITIES OF HON’BLE MINISTER FOR HEALTH THIRU. DR. C. VIJAYA BHASKAR
70
8. CORRUPT ACTIVITIES OF HON’BLE MINISTER FOR REVENUE THIRU. R. B. UDHAYAKUMAR
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9. CORRUPT ACTIVITIES OF HON’BLE FISHERIES MINISTER MR.D.JAYAKUMAR
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10. CONCLUSION
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Date : 22-12-2020.
To
Hon’ble Governor, State of Tamil Nadu Governor’s Secretariat, Raj Bhavan, Chennai – 600 022 [email protected]
Your Excellency,
Vanakkam.
Sub: Representation against the Council of Ministers, Government of Tamil Nadu for corruption, abuse of public office and obstruction of justice and other criminal offences
1. We are sending this representation in light of the continued obstruction of legal proceedings by the Council of Ministers of the Government of Tamil Nadu by influencing the Police Department, the Directorate of Vigilance and Anti-Corruption and the State Vigilance Commission in order to prevent registration of First Information Report (F.I.R) and thereafter, any impartial and fair investigation into allegations of corruption against them.
2. While doing so, the Council of Ministers, led by the Hon’ble Chief Minister, have continued to exert undue influence on public servants in order to stop them from taking action against organized plunder of the public exchequer. As such, these actions have broken the backbone of the principle of accountability, which is enshrined in the Constitution of India, various statutory enactments,
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the diktats of the Hon’ble Supreme Court of India (notably, in Vineet Narain -vs.- Union of India) and the Hon’ble High Courts.
3. As your Excellency is the head of the Executive of the State, a constitutional duty is cast upon you to ensure the probity and integrity of the Council of Ministers, upon whose aid and advice the Government of the State is conducted. At present, the police and vigilance authorities and also, the prosecution is directly under the control and supervision of the Council of Ministers, particularly the Hon’ble Chief Minister, to whom all of the heads of the aforementioned departments report.
4. In summary, these are cogent allegations of serious and cognizable criminal offences, which are being levelled against the members of the Council of Ministers. A bare reading of these allegations would reveal and establish prima facie cases of acts of corruption, accumulation of assets disproportionate to known sources of income and other offences punishable under the Prevention of Corruption Act 2018, unlawfully influencing commercial tenders leading to breach of Transparency in Tenders Rules 2000, misappropriation of public funds, criminal breach of trust as a public servant and other offences under the Indian Penal Code 1860, etc., are detailed in this Representation, for your knowledge and swift action.
5. So far, the DravidaMunnetraKazhagam (“DMK”), through its Organziation Secretary, Thiru. R.S. Bharathi (Member of Parliament) has filed complaints against seven Ministers namely, Mr. Edapadi K Palanisami, Mr. O.Paneerselvam, Mr. P. Thangamani, Mr. S.P. Velumani, Dr. C. Vijayabhaskar and Mr. R. B. Udhayakumar. Similarly, Mr. Appavu ex-MLA had filed a complaint against Thiru.R. Kamaraj. Furthermore, Mr. S. Sudharsanam MLA and Mr. Tha. Mo. Anbarasan MLA (both, belonging to the DMK) have filed complaints with regard to the corruption in procurement of walkie-talkies and bribes paid by Cognizant Technology Solutions.
6. In spite of our actions in bringing these allegations along with specific and verifiable details to the information of the law enforcement agencies, there has been little or no progress in terms of registration of FIR or conduct of an independent and reliable investigation. As such, we have reasons to believe that the Council of Ministers is preventing the law from taking its course and that this is a further and more serious criminal act being coordinated under the leadership of Mr. Edapadi K. Palanisami.
7. Therefore, we submit a compilation of these complaints in the hope that you, as the Head of the Executive, will initiate enquiry, insulate the law enforcement agencies from external influence and establish the rule of law in the State of Tamil Nadu:
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I. HON’BLE CHIEF MINISTER THIRU. EDAPADI K. PALANISAMI
A. CORRUPTION IN AWARD OF TENDERS TO HIS RELATIVES
1. A complaint was given by Thiru. R. S. Bharathi, MP on
13.06.2018 against the Chief Minister to the Director, Directorate of
Vigilance and Anti-Corruption. No action was taken by the
Directorate, forcing Thiru. Bharathi to approach the Hon’ble High
Court in Crl. OP. No. 20711 of 2018.
2. The Directorate which did not show any inclination to
investigate the complaint showed unusual alacrity at the instance of
the Minister and closed the complaint without registering any First
Information Report and examining witnesses during the pendency of
the petition before the Hon’ble High Court.
3. The Hon’ble High Court allowed the petition filed by Thiru.
Bharathi and transferred investigation of the complaint to the Central
Bureau of Investigation. Even while the Minister himself has obtained
a stay of the Hon’ble High Court’s order from the Hon’ble Supreme
Court in SLP (Crl.) No. 9548 of 2018, the Directorate of Vigilance and
Anti-Corruption, at the instance of the Minister, has also been forced
to file a separate petition in SLP (Crl.) No. 9005 of 2018 in order to
shield the Minister from liability.
4. The gist of the allegations in the complaint is as follows:
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a) Thiru. Edapadi. K. Palanisamy, being a public servant,
entered into a criminal conspiracy with Chandrakanth Ramalingam,
P. Subramaniam, P.Nagarrajan, J.Sekar @Sekar Reddy and the
firms, M/s Ramalingam & Company, SPK an Company Expressway
Private Limited, and Balaji Toll Ways (Madurai) Private Limited,
abused his official Position as Chief Minister and Minister for
Highways and Minor Ports and thereby committed criminal
misconduct, obtained undue pecuniary advantage for himself and
thus committed offences punishable under Section 120-B of IPC and
13(1) (d) r/w 13(2) of the Prevention of Corruption Act, 1988.
b) Thiru. Palanisami was the Highways Minister during the
period from 2011 to 2016 when late Selvi. J. Jayalalitha was the
Chief Minister. As Highways Minister, he had control over the award
of Government contracts for laying roads under the Highways
Department.
c) The above contracts have been awarded to these two firms
at an inflated rate thereby causing undue pecuniary advantage to
them only because the two firms are controlled by persons who are
closely related to Thiru. Palanisami’s son Mithun. The modus, it
appears is to eliminate and dissuade all eligible contractors from
participating in the bid by adopting intimidating tactics.
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S.NO.
PROJECT
DETAILS
CONTRACTORS
INFORMATION
ORIGINAL
PROJECT
VALUE
INCREASED
PROJECT
VALUE
1. SH- 37 stretch of highway from Oddan chatram-DharmapuramAvinashipalayam Total kms:- 37-400 to 108-400 stretch 70.20 kms
M/s Ramalingam & co ownedby one ChandrakanthRamalingam who is related to Shri EdapadiK.Palanisamy through his son Mr.Mithun
Rs. 713.34 Crores
Rs. 1515 crores
2. SH-39 stretch of highway fromThirunelveliSengottai- Kollam Total kms:- 5.000kms to 50.600 kms stretch is 45.64 kms
Venkatachalapathy Constructions owned by P. Subramaniam who is the direct in law of Shri EdapadiK.PalanisamyApart from Subramaniam the other partner in this firm is one S. Nagarajan who own SPK & Company Expressway Private Ltd.
Rs.407.6 crores with additional cash grant of Rs. 179.94 Crores
Rs. 720 crores with additional cash grant of Rs. 180 Crores
3. Four laning of Madurai ring road
Shri. Balaji Toll ways private Limited. P. Subramaniam ( in-law of Shri.EdapadiK.Palanisamy)S. Nagarajan (Benami of Palanisamy) J. Sekar @ Sekar Reddy are the directors of this firm.
Rs. 200 Crores
Additional Rs. 18.57 crores by a G.O. dated 16.05.2018
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4. Six laning of Vandalur – Walajabad from 47.000 to 63.800 kms
SPK & Company Expressway Private Ltd.owned by S. Nagarajan (benami of Edapadi. K. Palanisamy)
Rs. 200/- crores
5. Maintainance of all StateHighways roads in Ramanathapuram,Thiruvallur,Krishnagiriand Virudhunagar districts.
SPK & Company Expressway Private Ltd.owned by S. Nagarajan (benami of Edapadi. K. Palanisamy)the project was subsequently sub-contractedto Venkatachalapathy and Company owned byP. Subramaniam who is the direct in law of Shri EdapadiK.Palanisamy
Rs. 2000 crores
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B. CORRUPTION IN FREE PDS RICE SCHEME GIVEN BY THE CENTRAL GOVT
The Union Government by its policy decision had decided to
distribute 5kg rice to each beneficiaries under TPDS (AAY & PHH)
card holders at free of cost for three months from April, May and
June 2020 as additional allocation of food grains and distribution
under the PRADHAN MANTRI GARIB KALYAN ANNA YOJANA (in
short PMGKAY) to each State and UTs. Tamil Nadu state is one
among them. Accordingly, the Union of India issued order under its
Ministry of Consumer Affairs, Food and Public Distribution
Department of Food and Public Distribution in vide ref. No. F.No. 7-
1/2019 (ii) – BP.III, dated 30.03.2020. The Ministry advised all the
State and UT governments to lift additional allocation together with
the monthly allocation under National Food Security Act (in short
NFSA) within timelines. It is very clearly mentioned that the free rice
for AAY and PHH – UPDS family card holders/beneficiaries shall be
distributed 5kg per person to each of the beneficiaries for three
months (April, May and June 2020). Further the Annexure of the said
order has given clear details of number of beneficiaries/persons to
each State and UTs vice for the additional free rice. As per the order
dated 30.03.2020 of Union of India, the breakup of the number of
beneficiaries and quantum of the additional free rice 5kg per person
for our State is hereunder:
DETAILS OF TAMIL NADU PDS FAMILY CARD HOLDERS
UNDER PMGKAY
1. No. of persons in AAY card holders in TN 73, 27,000
2. No. of persons in PHH card holders in TN 2,84,07,000
The total No. of beneficiaries per month :3,57,34,000
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1. Rice 5kg per person of AAY card holders : 36,635.19 MTs
2. Rice 5kg per person of PHH card holders : 1,42,033.37 MTs
Total amount of free rice per month : 1,78,668.56 MTs
2. Accordingly the Union of India allotted additional free rice to
our State to distribute to (1,78,668.56 X 3 months) 5,36,005.68 MTs
for 3.57 crores of beneficiaries i.e. 5kg per person to AAY & PHH
PDS card holder families for three months i.e., April to June 2020.
3. Our State have issued 3 categories of PDS cards to the 2.08
cr families. The 3 categories are (1) AAY- Andhyodaya Anna Yojana,
(2) PHH - Priority Household card and (3) NPHH – Non-Priority
Household cards. Our State is having policy of distributing rice to all
3 categories of card holders at free of cost. Hence Government
decided that the NPHH family PDS card holders also would get the
same quantum of additional free rice as the AAY & PHH card holders
in our State for three months. Therefore, it enumerated the NPHH
UPDS card holds as 85,99,301 in our State.
4. Consequent to the order of Union of India dated 30.03.2020,
Co-operation, Food and Consumer Protection Department of our
State Government issued government order in vide G.O.(Ms).No. 52,
dated 27.04.2020 agreed to lift the total additional allocation of
1,78,668.56 Mts free rice and distribute the same to AAY and PHH
card holders’ each family members to 5kg per member for April to
June,20. Further the Government decided to purchase and distribute
additional free rice of 5kg per person to 85,99,302 NPHH-UPDS
family card holders for three months i.e. 66,271 MTs (per month) @
Rs.22/- per kg from Food Corporation of India which cost a sum of
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Rs.146 crores per month and total cost for three months rice comes
to Rs. 438 cr to total quantum of rice 1,98,813 MTs. Further, it is to
be noted that the authority expressed its inability to lift additional
allotted free rice for AAY & PHH card holders and has not yet been
lifted and distributed, and also not yet purchased the1,98,813 Mts
additional rice for NPHH card holders as on 27.04.2020.
5. While it being so, on 22.05.2020, the Hon’ble Minister for
Food and Civil Supplies Mr. R. Kamaraj issued a press release
bearing PR No. 359 where he claims that it was his submission to
the Hon’ble Minister for Consumer Affairs, Food and Public
Distribution System of Union of India during video conference (no
date is mentioned when the said video conference was held) that as
on 22.05.2020 the additional allocation of free rice 5,01,649 MTs
was lifted out of total 5,36,005 MTs free rice of 5kg per person and
96.3% of beneficiaries (AAY & PHH UPDS card holders) were
distributed in the month of April and 85% of beneficiaries were
distributed for the month of May as on 21.05.2020.
6. The Hon’ble Minister Mr. R.Kamaraj surreptitiously
suppressed his statement dated 22.05.2020 that the corruption of
selling the additional free rice in open market which was allocated
under the PMGKAY-NFSA scheme to distribute the AAY & PHH card
holders of Tamil Nadu. Because on 27.04.2020 his department
pleaded to the Central Government that “as due to short time period
available for mobilization of this huge stock of rice from the FCI to
Tamil Nadu Civil Supplies Corporation godowns and then from Tamil
Nadu Civil Supplies Corporation godowns to the respective fair price
shops. Additional entitlement of rice allotted for April 2020 which
remains undrawn as per the revised entitlement issued under this
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Government Order can be drawn by the card holders in the Months
of May and June 2020 along with revised entitlement.” But within
about 20 days, he claimed that he lifted free rice of 5,01,649 Mts rice
and distributed the same to AAY & PHH UPDS card holders totalling
96.3% of beneficiaries in April and 85% of beneficiaries in May. He
issued such statement intentionally to coverup his wrongful gain of
huge money and corruption by selling the said rice in open market.
The statement of the Minister for Food and Civil Supplies Mr.
R.Kamaraj in his PR No. 359, dated 22.05.2020 was evidence of
conspiracy to smuggle and sell the entire additional allocated free
rice in open market. And in the same statement, he said that
additional rice for NPHH card holders of 1,98,813 MTs was just
purchased. He did not mention it was lifted and distributed to the
beneficiaries of NPHH card holders as on 22.05.2020. Hence, it is
evident that the additional free rice for NPHH card holders were not
distributed as on 22.05.2020.
7. Further the Hon’ble Chief Minister has also common
intention with ulterior motive of supporting the Hon’ble Minister R.
Kamaraj to sell free rice and purchased rice in open market to get
wrongful gain. Hence, to support Mr. R. Kamaraj, on 19.06.2020 the
Hon’ble Chief Minister issued his press release bearing PR No. 438
where he mentioned particularly that all NPHH card holders
(85,99,302 card holders) were distributed free rice of 5kg per person
for the 3 months. He cleverly omitted to mention that the additional
free rice of 5kg per person per month for the three months was
distributed to all AAY & PHH UPDS family card holders. When the
additional rice of 1,98,813 MTs was not purchased as on 27.04.2020
and as per statement of Minister R. Kamaraj dated 22.05.2020 he
said the additional rice was just purchased as on 22.05.2020, but it
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was not lifted from FCI godowns and not distributed to the NPHH
beneficiaries as on 22.05.2020. Therefore, the Hon’ble Chief Minister
and Hon’ble Minister for Food and Civil Supplies Mr. R. Kamaraj had
jointly and severally sold the free rice and purchased rice for the
beneficiaries in open market by which they gained wealth illegally.
8. There is a huge scam and corruption going on by cheating
the public by the Hon’ble Chief Minister and Minister Mr. R. Kamaraj.
Enquiries reveal that the Thooththukudi CSCID wing police
intercepted the PDS rice and found about 2,100kg PDS rice at one
private rice mill illegally for polishing the same to re-pack as 5kg,
10kg and 20kg bags in various brands to sell the same in open
market @ Rs.30/- to Rs.40/- per kg. This rice was directly brought
from the TNCSC godowns with assistance of TNCSC employees.
The FIR states that they used to record as if the rice was distributed
to card holders and then they unloaded the rice in such private rice
mills from TNCSC godowns. The CSCID wing registered this crime in
FIR as FIR No. 72 of 2020, dated 13.06.2020 and seized the PDS
rice along with lorry which smuggled the rice.
10. The reputed print media ‘Tamil Hindu’ dated 03.07.2020
published a news article that still rice was not distributed to UPDS
card holders/beneficiaries and those to whom free rice was not
distributed, will be given time till 10.07.2020. Further another reputed
print media in English newspaper Times of India published that
about 80% of UPDS card holders were not distributed the amount of
Rs.1000/- which was meant for the month of June 2020 and also
states the about 6.4 lakhs of families of Chennai have been
unavailable to distribute dole for the month of June 2020. Therefore,
the press releases of the Hon’ble Chief Minister and Hon’ble Minister
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R.Kamaraj are false and it was meant to cover up of selling the
additional free rice in the open market to swindle the public
exchequer money by abusing their official position.
11. This has caused loss of nearly 450 crores of Public
Exchequer.
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C. CORRUPTION IN HIGHWAY TENDERS
1. The Principal Secretary to Government , Highways and Minor
Ports Department had issued of G.O. Ms No. 40 Highways and Minor
ports (HQ1) department dated 19/2/2020 and subsequently The
Superintendent Engineer, Construction and Maintenance, Highways
Department, Trichy issued a Tender notice bearing Tender notice
number 37/2019-2020/HDO dated 25/02/2020.
2. The tender notice dated 25.02.2020 The Superintendent
Engineer has invited tenders for the subject work for initial
rectification including widening, strengthening and Improvements and
Performance Based Maintenance Contract(PBMC) for a period of 60
months(5 years) in the State Highways and the Major District Roads
for a length of 462.211 KM in Thanjavur, Orathanadu, Pattukottai and
Peravoorani, Sub Divisions of Thanjavur [H] C & M, Division. The
tender notice invites Scheduled Tender under two sealed cover
system through online only i.e., Pre-Qualification schedule and
financial cover containing price bid document of tender (Item rate
tenders). The EMD (Earnest Money Deposit) was fixed at Rs. 582.60
lakhs and the estimated amount of the tender was fixed at
Rs.116500.00 lakhs(Rs. 1165 crores).The tender documents were
made available upto 15.00 hrs on 15/04/2020 and the bids were to
be submitted through online upto 15.00 hrs on 15/04/2020.
3. Although what was unusual about this tender was till now road
laying and maintenance of state and national highways roads have
been on the basis of annual tenders but this particular G.O and
subsequent tender notice was for a period of 5 years. And this
G.O.(Ms) No.40,Highways and Minor Ports (HQ1) department dated
19.02.2020, to undertake Ordinary Maintenance, initial Rectification
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Works, Periodic Maintenance Work on select road totalling
approximately 462.211 KM in Thanjavur District. The maintenance
work will also include cross drainage works, minor work on the bridge
and road side maintenance within the select road limits. Ordinary
maintenance will be payable as proportionate monthly lumpsums
over the 5 years period of the Contract.
4. The Superintending Engineer, Highways Department ,
(Construction and Maintenance), Trichy, had issued a Tender Notice
No, 37/2019-2020/HDO dated 25.02.2020 inviting Tender works for
the purpose of introducing for the first time Performance Based
Maintenance Contract [PBMC] tender system and the same is
aimed to create a monopoly of only big contractors, with the intention
of supporting contractors who are in the ruling party or close to the
ruling party. This has affected the small contractors who would
always bid for an annual tender instead of a 5 years tender which
was never in practice.
5. This monopoly for contractors who are in the ruling party or
close to the ruling party is being created adverse to the interests of
the state exchequer. Rs. 1165 crores is being allotted to one
contractor for the work which is usually done by several Class - I
contractors in small bits and lots annually under the direct
supervision of sub-divisional officers. Now without any proper reason
the system is being changed for allotment of one big lot of 462.211
Kms in Thanjavur, Orathanadu, Pattukottai and Peravoorani sub-
divisions of Thanjavur (H) C&M division.
6. This has been done by the department in a hurried manner
even G.O and tender notice there is a discrepancy of Rs. 74.68
Crores in the value of the cost of the work for 462.211 kms. As per
the G.O. the value of the work is Rs. 1239.68 crores and as per the
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tender notice it is 1165 crores. The value of the work has been hiked
in the government order and this is detrimental to the public interests
and the state exchequer. The same work done annually would cost
just about 75-100 crores and for 5 years (60 months) including
maintenance would not exceed Rs.500 crores. Thus an excess of
Rs. 700- 800 crores is in-built in the shift to 5 year tender terms.
7. What makes all these action even more suspicious is if the
value of the tender is more than 500 crores, the same has to be
published prominently in various national dailies in English and
Vernacular languages. This has not been done intentionally. And the
present situation of spread of the COVID-19 virus the state is under
quarantine and sec. 144 Cr PC has been passed for the entire state.
From 20th March onwards the state was under travel restrictions and
it was impossible to prepare the papers and file the tender bid.
However regardless of all this affecting the competition the
department have hurriedly processed opening the tender even during
this lock-down period. And it is learnt that only two pre-determined
favoured bidders who have all the papers ready for making their bid
had filed the tenders. It seems that the contractor was decided by the
ruling party even before issuing the G.O and tender notice. Even at a
time of crisis the Government body is being used to mint money
through ponzi schemes and projects which only enriches few
companies which are run by ruling party, people close to the ruling
party and benamis of the Cabinet Ministers, in this case Hon’ble
Chief Minister of Tamil Nadu himself.
8. The department would normally seek pre-qualification of specific
experience of the contractor that he should have successfully
completed contract in any one year within the last five years for a
value of atleast 40% of total contract value of the project, but this
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tender notification had only fixed 25% of total cost as pre-
qualification which is contrary to their earlier tender notification.
9. The cost indicated in the G.O. is exorbitant and there is an
inbuilt excess of Rs. 700- 800 crores in the shift to 5 year tender
terms.The same work done annually would cost just about 75-100
crores and for 5 years (60 months) including maintenance would not
exceed Rs.500 crores. Thus an excess of Rs. 700- 800 crores is
inbuilt in the shift to 5 year tender terms.
10.In the wake of the funds crunch due to COVID-19 the central
government has sent an advisory to the NHAI and all State
governments to explore the road infrastructure construction cost and
avoid fresh investments in huge projects. When we are facing lack of
funds to get over this pandemic situation and the state government
have been requesting funds from the central governments these type
of projects only showcases the corruption and greediness of the
Ruling Party to amass wealth even at the time of crisis.
11. Mr.R.S.Bharathi has lodged a complaint with DVAC, Since
there was no action he had filed a petition before the Hon’ble High
Court to register a case in W.P.No. 8080/2020. However since it was
represented that the tender itself was cancelled the Petition was
dismissed as withdrawn. However the same methodology was
adopted and the tender was allotted in favour of benami companies
of the CM on 18/11/2020 and 19/11/2020. The approximate value of
the corruption amount is 1500 Crores,in this project alone.
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D. DISPROPORTIONATE ASSETS
1. In 2016, Thiru.K.Palanisami declared in his election affidavit that
his income for 2015-2016 was Rs. 3,17,901/- and HUF business
income for the period of 2015 -2016 is Rs.2,77,393 and agriculture
income is Rs.9,75,000/-. Further, Thiru.K.Palanisami claimed source
of income through Balaji Metals partnership concern. As far as his
wife’s source of income for the period of 2015-2016 through
business is Rs. 2,51,736/- and agriculture income is Rs. 1,90,000/-
and his son’s source of income for the period of 2015-2016 through
business is Rs. 6,70,156/- and agriculture income is Rs. 3,75,000/-
and daughter in law’s sources of income for the period of 2015-2016
is Rs. 46,25,993/-. Further, his mother has no source of income. She
has not filed income tax return and she is not an Income Tax
assessee.
2. The said benamis acquired wealth from 28.04.2016 to as on date
through his unknown source of income and the details of assets
through his close relatives and the benamis are here under.
Mr.Vetrivel Easwaramoorthy and Mr. N.R.Suriyakanth are the
Directors of SPAC Starch Products (India) Ltd while
Mr.VetrivelEaswaramoorthy is Thiru. Edapadi K.Palanisamy’s own
sister’s son (nephew) and Mr.N.R.Suriyakanth is co-brother of
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Mr.Mithun who is son of Thiru. EdapadiK.Palanisamy.The said
BinamiesMr.VetrivelEaswaramoorthy and Mr.N.R.Suriyakanth have
no sources of income for the previous years. On behalf of Thiru.
EdapadiK.Palanisamy, the benamies have purchased the following
properties:
S.NO. SALE DEED
AND DATE
BENAMI TRANSACTIONS
1
1
Sale Deed No.2631 of 2018 dated 20.09.2018
• Purchased by
Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value of Rs.1,32,000/- (one lakh thirty two thousand only)
• property has a market value of Rs.20,00,000/- (twenty lakhs only)
2
Sale Deed No.2632 of 2018 dated 20.09.2018
• Purchased by
Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value of Rs.20,88,000/- (twenty lakhs eighty eight thousand only)
• property has a market value of Rs. 1,20,00,000/- (one crore twenty lakhs only)
Sale Deed
• Purchased by Thiru.
EdapadiK.Palanisamy through his
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23
3 No.2893 of 2018 dated 16.10.2018
benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value of Rs.20,88,000/- (twenty lakhs eighty eight thousand only)
• property has a market value of Rs. 1,20,00,000/- (one crore twenty lakhs only)
4
Sale Deed No.2433 of 2018 dated 05.09.2018
• Purchased by
Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value of Rs.12,43,500/- (twelve lakhs forty three thousand and five hundred only)
• property has a market value of Rs.40,00,00,000/- (forty crores only)
5
Sale Deed No.2571 of 2018 dated 14.09.2018
• Purchased by Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value of Rs.2,52,000/- (two lakhs fifty two thousand only)
• property has a market value of Rs.10,00,000/- (ten lakhs only)
6
Sale Deed No.2708 of
• Purchased by
Thiru. EdapadiK.Palanisamy
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24
2018 dated 28.09.2018
through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a
value of Rs.18,72,000/- (Eighteen lakhs seventy two thousand only)
• property has a market value of Rs. 1,20,00,000/-(one crore twenty lakhs only)
7
Sale Deed No.2717 of 2018 dated 01.10.2018
• Purchased by Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value Rs.50,95,500/- (fifty lakhs ninety five thousand and five hundred only)
• property has a market value of Rs.3,50,00,000/-(three crores fifty lakhs only)
8
Sale Deed No.2432 of 2018 dated 05.09.2018
• Purchased by Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value Rs.70,47,100/- (Seventy lakhs forty seven thousand and hundred only)
• property has a market value of Rs.4,00,00,000/- (four crores only)
9
Sale Deed No.2316 of
• Purchased by Thiru. EdapadiK.Palanisamy
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25
2018 dated 23.08.2018
through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a
value Rs.3,41,01,000/- (three crores forty one lakhs and one thousand only)
• property has a market value of Rs.20,00,00,000/- (twenty crores only)
10
Sale Deed No.3669 of 2018 dated 20.12.2018
• Purchased by
Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value Rs.8,20,000/- (eight lakhs twenty thousand only)
• property has a market value of Rs. 70,00,000/- (seventy lakhs only)
11
Sale Deed No.2572 of 2018 dated 14.09.2018
• Purchased by Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value Rs.21,16,000/- (twenty one lakhs sixteen thousand only)
• property has a market value of Rs.2,50,00,000/- (two crores fifty lakhs only)
Sale Deed No.1096 of
• Purchased by Thiru. EdapadiK.Palanisamy
-
26
12
2019 dated 25.04.2019
through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value Rs.7,17,000/- (seven lakhs seventeen thousand only)
• property has a market value of Rs. 80,00,000/- (eighty lakhs only)
13
Sale Deed No.1097 of 2019 dated 25.04.2019
• Purchased by
Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a
value Rs.7,17,000/- (seven lakhs seventeen thousand only)
• property has a
market value of Rs. 80,00,000/- (eighty lakhs only)
14
Sale Deed No.1098 of 2019 dated 25.04.2019
• Purchased by Thiru. EdapadiK.Palanisamy through his benami Mr.VetrivelEaswaramoorthy who is Chief operating Officer of SPAC Starch Products (India) Ltd.
• purchased for a value Rs.7,96,000/- (seven lakhs ninety six thousand only)
• property has a market value of Rs. 80,00,000/- (eighty lakhs only)
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27
3. It is stated that this is only a tip of the ice berg and only a
thorough probe and proper investigation will reveal the exact
quantum of assets amassed by Thiru. Edapadi K Palanisami.
The vendors namely R.P.Selvasundaram (R.P.P.
Constructions) is one of the Benamies of Thiru. Edapadi
K.Palanisami, who are the main contractors in all over
Tamilnadu. The said Benamis are targeting agricultural land
and are purchasing and registering sale deeds at much lower
value than the actual market value. Further, all these
agricultural lands are being used for commercial purposes
without getting proper sanction from the concerned authorities.
The Agricultural lands are being exploited en masse by Thiru.
Edapadi K.Palanisami and his close associates which have
deep socioeconomic effects in the state. The waste water is
being discharged into villages without seeking permission from
Pollution Control Board. The total properties are worth more
than Rs. 1000 Crores.
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28
4. Thiru. Edapadi K.Palanisami has also acquired
wealth through his unknown source of income when he was
holding the Ministry for Highways and Minor Ports during 2011
to 2016 through Mr.P.Subramaniam, who is father in law of his
son Mr.Mithun. On behalf of Thiru. Edapadi K.Palanisami, the
benami had purchased the following properties:
S.NO. SALE DEED AND
DATE
BENAMI TRANSACTIONS
1
Sale
Deed No. 525 of
2015 dated
22.01.2015
• Purchased by Thiru.
Edapadi K.Palanisami through his benami
Mr. P.Subramaniam,
• purchased for a value of
Rs.16,90,000/- (sixteen lakhs ninety
thousand only )
• property has a market
value of Rs. 20,00,00,000/- (twenty
crores only)
2
Sale
Deed No. 6378 of
2015 dated
06.07.2015
• Purchased by Thiru.
Edapadi K.Palanisami through his benami
Mr. P.Subramaniam,
• purchased for a value of
Rs.13,77,000/- (thirteen lakhs seventy
seven thousand only )
• property has a market
value of Rs. 10,00,00,000/- (ten crores
only)
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29
3
Sale
Deed No. 6379 of
2015 dated
06.07.2015
• Purchased by Thiru.
Edapadi K.Palanisami through his benami
Mr. P.Subramaniam,
• purchased for a value of
Rs.36,00,000/- (thirty six lakhs only )
• property has a market
value of Rs. 30,00,00,000/- (thirty crores
only)
5. Thiru. Edapadi K.Palanisami during his
second term as Ministry for Highways and Minor Ports
during 2016 to 2017 before he became Chief Minister of
Tamil Nadu had acquired 2 properties through
Mr.P.Subramaniam, who is father in law of his son
Mr.Mithun. On behalf of Thiru. Edapadi K.Palanisami, the
benami had purchased the following properties:
S.NO. SALE DEED
AND DATE
BENAMI TRANSACTIONS
1
Sale Deed No.
9653 of 2016
dated 28.09.2016
• Purchased by
Thiru. Edapadi K.Palanisami
through his benami Mr. P.Subra
maniam,
• purchased for a
value of Rs.8,55,000/- (Eight
lakhs fifty five thousand only
• property has a
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30
market value of Rs. 7,00,00,000/-
(seven crores only)
2
Sale Deed No.
9654 of 2016
dated 28.09.2016
• Purchased by
Thiru. Edapadi K.Palanisami
through his benami Mr. P.Subra
maniam,
• purchased for a
value of Rs.36,00,000/- (thirty six
lakhs only )
• property has a
market value of Rs.
30,00,00,000/- (thirty crores only)
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31
HON’BLE DEPUTY CHIEF MINISTER THIRU.O.PANNEERSELVAM
A.DISPROPORTIONATE ASSETS
1. A complaint was given by Thiru.R.S. Bharathi on 10.03.3018
against the Minister to the Director, Directorate of Vigilance and Anti-
Corruption. No action was taken by the Directorate for several
months due to which Thiru. Bharathi was constrained to approach
the Hon’ble High Court in Crl. OP. No. 18091 of 2018 seeking action.
The Hon’ble High Court was pleased to direct the Directorate of
Vigilance and Anti-Corruption to inquire and register a First
Information Report.
2. There has been no inquiry or registration of FIR in the
complaint given by Thiru. Bharathi till date, in flagrant violation of the
order passed by the Hon’ble High Court.
The gist of the allegations in the complaint is as follows:
Check Period 2011 to 2016
a) It is reliably learnt that Thiru. O.Panneerselvam had invested
money and bought properties in the names of his wife, children,
brothers Thiru. O.Raja, Thiru. O. Balamurugan and Thiru.
O.Shanmugha Sundaram and their families and his business
associates including Thiru. R. Subburaj and his wife Tmt. Uma
Maheshwari.
b) In the Affidavits filed before the Election Commission of India
he has made several declarations by suppressing material facts and
by making inconsistent statements which are inherently improbable
and false. Some of the instances where he has made such
declarations are as follows:
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32
c) In 2016, he declared in his election affidavit that his income
for 2014-2015 was Rs.5,80,875. However, this is a gross
underestimation for the relevant year as his basic salary as an MLA
(Rs. 55, 000 X 12) was itself Rs. 6, 60, 000. During this period, he
was also the Chief Minister and hence, would have received a higher
salary and other emoluments. During the same period he is said to
have purchased Toyota Innova car (TN 04 AX 2345) worth
Rs.17,85,655/- which is highly improbable considering the total
income earned by him even as per his declaration.
d) Thiru O.Panneerselvam acquired 4 acres and 60 cents of
Punja lands in S.no. 1525 by virtue of a Partition deed dated
27/6/1994 bearing document no. 776/94. It appears he has sold
3 acres 60 cents by virtue of sale deed bearing document no.
1130/1996 and retained 1 acre in the said survey number. However
in the affidavits filed before the Election Commission both in 2011
and 2016 he had not disclosed this property. The reasons for
suppression of this fact has to be investigated.
e) As regards the declarations made by Thiru. O.
Panneerselvam in respect of his wife Vijayalakshmi’s property there
is a steep raise. Mrs. P. Vijayalakshmi W/o. Thiru O.Panneerselvam
owned a house which was bought by her on 2/11/1998 for
Rs.2,71,225/-. In 2011 Thiru O.Panneerselvam declared the value of
the house at Rs. 10,00,000/- that he had made improvement worth
Rs. 5,00,000/- However in 2016 value of the same house was shown
as Rs. 20,00,000/-. The increase in value raises doubt about the
money spent for improvement during the interregnum. Another
instance of false declaration in respect of his wife’s property is in the
affidavit filed during the Election in 2011 where he had declared his
wife’s loan from City Union Bank, George Town Branch as
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33
Rs.2,81,314. Whereas records would reveal that his wife actually
received Rs. 9,00,000/-. Likewise, in the very same affidavit he had
declared his wife’s income as Rs. 36,251/- for 2005 & 2006,
whereas the records show that he had paid income tax of Rs.
20,400/- for the same year which is improbable and unbelievable. In
the affidavit in 2011, the value of his wife’s property is estimated as
Rs. 24,20,000/- . In 2016 the properties value was shown as Rs.
78,00,000/- The steep increase in the value considering the fact that
Mrs. P. Vijayalakshmi is a house wife and had no source of income
raises a doubt about the source of acquiring the properties.
f) That apart in the Election Affidavit filed in 2016 the value of land
purchased in 2011 from one A. Kubendran was not shown as also
the property purchased from one Subburaj in the year 2015 bearing
document no. 1508/2014.
g) It is reliably learnt that the following properties are held by
Thiru O. Panneerselvam to his benamies
(i) Bojarajan Mills in Theni district was leased 99 acres of land
(valued at more than 140 crores) for 99 years by the Government.
The lease ended in the year 2011-12. After that, it was purchased of
Thiru. O. Panneerselvam at less than the prevailing market value of
the land through his benamies.
(ii) A mango grove of 150 acres of wetland situated in
ShenbagaThoppu,Srivilliputhur is held by Thiru. O. Panneerselvam in
the name of his benamies
(iii) He controls the cardamom markets through his benamies in
Bodinayakkanur by abusing his official position.
(iv) His sons have invested in various companies and their
source of such investments remain unexplained and needs thorough
investigations.
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34
(v) Thiru. O. Panneerselvam’s children, Thiru. P. Raveendranath
Kumar, Thiru V. Jayapradeep and Tmt. Kavitha Banu are directors of
various companies. They have made investments more than
200 crores in companies engaged in myriad range of activities not
only in India but also in the U.S., Turkey, Indonesia and Malaysia.
(vi) Thiru. O. Panneerselvam’s son V. Jayapradeep was not
even 25 years of age before becoming a director of 3 companies:
Willownet Exim Pvt. Ltd, Vijayanth Developers Pvt. Ltd and Vani
Fabrics Pvt. Ltd. It is improbable that at this age he had the financial
means to invest in these companies.
(vii) Vani Fabrics Pvt. Ltd paid its directors, Thiru. P.
Raveendranath Kumar and Thiru. V. Jayapradeep, three times the
salary (Rs. 9, 00, 000) as other directors for the year 2015-2016. In
fact, they were paid more than the managing director. These facts
establish that the companies are being floated by the children of
Thiru.O.Pannerselvam only to launder the illegal money obtained by
corruption.
(viii) Thiru. P. Raveendranath Kumar and Thiru. V. Jayapradeep
bought several acres of land valued at Rs. 67, 26, 883 for
themselves and also on behalf of JayamVijayam Enterprises. These
transactions are undervalued and the source of money for these
transactions is unknown. Door No. 113-114, Unit No. 801, 8th Floor,
Raheja Towers, Anna Salai is the address is the Registered Address
of Xllent Marine Line Pvt. Ltd, and also, RIMART International Pvt.
Ltd, Perigon IT Edu Pvt. Ltd although these companies have different
directors and are engaged in completely different business
activities.These companies and other companies like Paapa Builders
Pvt. Ltd where associates of Thiru. O. Panneerselvam are directors
and shareholders are not legitimately conducting any business
-
35
activity, accurately representing their true financial
situation,complying with all laws including the Companies Act and
acting as a conduit for laundering money on behalf of Thiru.
O.Panneerselvam and his associates.
h) Besides the above the said, Thiru O. Panneerselvam had indulged
in abuse of power to obtain pecuniary advantage for his family
members.
i) His sons Thiru P.Raveendranath Kumar and Thiru V. Jayapradeep
are directors in Vani Fabrics Pvt. Ltd. and have made substantial
investments in the company. Through their shareholding in the above
company, they also own shares in Veena Fabrics Pvt. Ltd. In order to
obtain undue advantage to them, whenThiru. O. Panneerselvam
was Chief Minister from 28.09.2014 to 22.05.2015, through G.O.(Ms)
No. 45 dated 25.03.2015, the Value Added Tax for dealers on works
contract relating to sizing of yarn and sale of cardamom were
exempted and reduced from 5 per cent and 2 per cent respectively.
This decision has cost the state thousands of crores in revenue while
benefitting his and associates’ private financial interests.
j) In Periyakulam, until July 12, 2017, Tmt. P. Viyayalakshmi owned
40 acres of land along the Varattaru river. In violation of the law, four
bore wells were dug within just 50m of the river bank depleting the
river and causing distress to surrounding farmers. After widespread
protests, she transferred the land worth Rs. 23,66,290 to Thiru.
R.Subburaj for 20,10,000.
k) A direct link connecting Thiru. O. Panneerselvam with
illegal gratification for official favours was furnished by the diary
maintained by Thiru. J. Sekar Reddy, partner of the SRS Mining
Company. Investigation into the information in that Diary by the CBI
-
36
and the Income Tax Department is ongoing. According to the entries
made in the diary, Thiru. O. Panneerselvam and his associates
received almost four crores in just six months (June - November,
2016). The scale of corruption practiced by Thiru. O. Panneerselvam,
as suggested by the diary for only a few months, is mind
boggling.Thiru. O. Panneerselvam has betrayed the trust of his
electorate and has instead sought to extend illegal favours to
industrialists for his personal benefit.
B. CONFLICT OF INTEREST, QUID PRO QUO
1.One more complaint was given by Thiru. R.S.Bharathi on
22.05.2020 against the Minister to the Director, Directorate of
Vigilance and Anti-Corruption.
2.There has been no inquiry or registration of FIR in the complaint
given by Thiru. Bharathi till date in violation of the decision of the
Constitution Bench of the Hon’ble Supreme Court in Lalita Kumari vs
State of UP. The gist of the allegations in the complaint is as follows
a) Use of Range Rover
Recent media reports have revealed that the Deputy Chief Minister,
Mr. O.Panneerselvam was seen traveling in Range Rover bearing
registration number TN 05 CE 2345 (hereinafter, “Range Rover”).
Road Transport Authority records show that this vehicle has been
registered in the name of M/s Vijayanth Developers Private Limited
(hereinafter, “M/s Vijayanth”). Ministry of Corporate Affairs website
shows that M/s Vijayanth has three Directors:
Mr. JayapradeepPannerselvam
Mr. Raveendranath Kumar
Ms. Kavitha Banu
-
37
The three Directors, named above, are children of Mr. O. Panneer
selvam. Mr. O.Panneerselvam has been provided with an official
vehicle – Innova Crysta bearing registration number TN 06 BG 2345
– since 2017 and therefore, there is no cogent and believable reason
why Mr. O. Panneerselvam has been using the Range Rover car
which belongs to a private company (M/s Vijayanth). According to the
financial documents submitted by the company to the Ministry of
Corporate Affairs, the car was bought using a loan advanced by
HDFC in February 2019 for a total sum of INR 63,52,779 /- (Rupees
Sixty Three Lakhs, Fifty Two Thousand, Seven Hundred and Seventy
Nine Only).
b) Conflict of Interest
Mr. O. Panneerselvam has been serving as Deputy Chief Minister
since August 2017 and holds charges of the following portfolios:
Finance, Planning, Legislative Assembly, Elections and Passports,
Housing, Rural Housing and Housing Development, Slum Clearance
Board and Accommodation Control, Town Planning, Urban
Development and Chennai Metropolitan Development Authority.
These facts mentioned hereinabove have given rise to a number of
serious issues of corruption and make out a prima facie case for
initiating a criminal investigation inter alia into the following issues:
Mr. O.Panneerselvam (Deputy Chief Minister, Tamil Nadu), as a
public servant, has obtained pecuniary benefit of over INR
62 lakhs by availing the use of Range Rover car which is owned by
a private company i.e. M/s Vijayanth Developers Pvt. Ltd.
M/s Vijayanth Developers Pvt. Ltd., a company which was dormant
and no business activity from 2008 till 2017 is a shell company for
laundering money.
-
38
M/s Vijayanth Developers Pvt. Ltd. obtained a bank loan by falsely
stating that it was for erecting and running a windmill in
Dharmapuram but instead used the loan amount to purchase land in
Tiruppur.
Mr. Raveendranath Kumar and O. Panneerselvam had misused the
authority and position of the office of Minister of Government of
Tamil Nadu by providing the address of one of the Directors of
M/s.Vijayanth Developers Pvt. Ltd. (i.e. Mr. Raveendranath Kumar)
as ‘No. 147, Thenpannai, Greenways Road, R.A.Puram, Chennai –
600 028’ which is the address allotted to Mr. O.Panneerselvam in his
capacity as Minister to the Government of Tamil Nadu.
Whether M/s Vijayanth Developers Pvt. Ltd., having undertaken no
previous construction work or activity, has the requisite expertise to
carry out a development project involving construction of 117 plots
covering an extent of 36,500 sq.m
It is not known on what basis was the DTCP approval given to M/s
Vijayanth Developers Pvt. Ltd. on 05.12.2019 when they had no
prior experience in construction or development business?
On what basis was TNRERA project registration approval given to
M/s Vijayanth Developers Pvt. Ltd., a company with no prior
experience in real estate/ construction / development business?
Hence, There is a clear case of quid pro quo involving Mr.
O.Panneerselvam using the Range Rover car belonging to Ms/
Vijayanth Developers Pvt. Ltd., which company having no prior
experience in construction or development business was provided
with DTCP approval by a department which is one of the portfolios
held by Mr. O. Panneerselvam.
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39
c) Loss to Government
G.O.(Ms) No. 178 (HCS1)
On the basis of letters from the Registrar of Co-operative Societies
(Housing) dated 26.02.2019, 01.03.2019 an 31.10.2019, G.O.(Ms)
No. 178(HCS1) dated 12.11.2019 was issued providing Government
Guarantee of INR 462.69 crore for implementation of a house site
scheme in an area comprised in survey numbers 148/4B & others at
Varadarajapuram&Erumaiyur Villages, Sriperumbudur Taluk,
Kancheepuram. The scheme details are as provided by the Registrar
of Co-operative Societies, is as follows:
Extent of Land to be purchased: 120 acres
Cost of one acre (developed): INR 701.04 lakhs
Total Cost: INR 841.25 lakhs.
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40
C. BRIBE PAID BY U.S. COMPANY TO EB AND PLANNING PERMISSION ETC.,
Mr.Tha.Mo.Anbarasan , our party MLA has lodged a complaint on
18/02/2019 with the Joint Director of CBI, Chennai and the gist of the
Complaint is as follows:-
In the order dt. 15.02.2019 taken in cease-and-desist proceedings
by the Securities and Exchange Commission of United States of
America, as published in a Release No.85149, initiated against
Cognizant Technology Solutions Corporation, in paragraph No.16,
it has been recorded as follows:
“Bribe Payment in Siruseri, Tamil Nadu
16. In Siruseri, Cognizant India authorized Contracting Firm-1 to pay
bribes totaling $840,000 to government officials for the issuance of
several construction-related permits, including a planning permit, a
power permit from the local electricity board, and an environmental
clearance. Contracting Firm-1 made the payments in or around 2012,
and Cognizant subsequently received the permits in the second half
of that year. The contractor submitted change order requests for
several inflated or unjustified work items. Cognizant India rejected
the initial requests, but later approved the change orders after the
sham descriptions were revised. Cognizant India reimbursed
Contracting Firm-1 for the bribe payments in installments between
2015 and 2016.”
3. A reading of the above paragraph in the order revealed that there
was a demand of bribe by the Government Officials from
Cognizant Company, for issuance of Construction-related permits
i.e. Planning Permits, clearances for providing Electricity Service
-
41
Connections to the Constructions made by Cognizant India Ltd. and
also Environmental clearances. The demanded bribe has been paid
by the Contracting Firm – 1 which has been later reimbursed by
Cognizant India. The total bribe paid on behalf of Cognizant company
was equivalent to $840,000 Million US Dollars, which is a huge
amount in Indian Rupees.
4. Without the knowledge of the Ministers of the concerned
Department, the demand of bribe would not have been made by the
officials, as the projects that were carried out by a Foreign Based
company through its Indian subsidiary company. There must be an
understanding among the Company, Government Officials and the
Government in the process of clearing the projects by granting
Planning Permits, Electricity Connection and Environmental
Clearances. In fact, the demanded and paid bribe amount has been
reimbursed by Cognizant company, as recorded in the above said
order.
For discharging the duties, the Government Officials have reportedly
received bribe from the US based company, which is serious and the
officials who involved in the said illegal demand of bribe shall be
dealt with in accordance with Law i.e under the provisions of
Prevention of Corruption Act and other penal Laws covering
international offences as the transaction of amount has been
reportedly transacted from United States for ultimate reimbursement
of bribe paid to the officials of Tamil Nadu Government Officials.
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42
HON’BLE MINISTER FOR MUNICIPAL ADMINISTRATION THIRU.
S. P. VELUMANI
A. LARGE SCALE CORRUPTION IN ALLOTTING CONTRACTS
TO HIS BENAMIES
a) A complaint was given by Thiru. R.S.Bharathi on 10.09.2018
against the Minister to the Director, Directorate of Vigilance and Anti-
Corruption.
b) No action was taken on the complaint and after Thiru.
Bharathi approached the Hon’ble High Court in Crl. OP. No. 23428 of
2018, the Directorate of Vigilance and Anti-Corruption, at the
instance of the Minister, conducted an investigation without
registration of First Information Report and closed the complaint
during the pendency of the petition.
c) The gist of the allegations in the complaint is as follows:
i. Thiru. S.P. Velumani is the cabinet minister for Municipal
Administration, Rural Development, Corporations, Panchayats and
Panchayat Unions, Poverty Alleviation Programmes, Rural
Indebtedness, Urban and Rural Water Supply (TWAD) and
Implementation of Special Programme since 2014. Through the
documentary materials it has been established all the contracts of the
Local administration Department were awarded only to the following
companies which are owned by his close associates. All the tender
documents by all these companies were uploaded from the same IP
address.
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43
ii. COMPANIES FLOATED BY THIRU. S.P. VELUMANI’S
RELATIVES, FRIENDS AND BENAMIS
1. KCP engineers Pvt. Ltd.
2. P. Senthil and Co.
3. Varadhan Infrastructure
4. Constronics India
5. Alayam Foundation Pvt. Ltd.
6. Contromall Goods Pvt. Ltd.
7. Invicta Meditek Ltd.
RELATIONSHIP
• Mr. S.P. Velumani and Mr. Chandrasekar’s father Mr. Rajan are
close friends for past 20 years.
• Mr. S.P.Velumani who was a contractor knew Mr. Rajan who
was a licensed explosive dealer for quarries.
• Mr. Chandrasekar is a Civil engineer. He was holding the post
of the Subarban Students wing leader in AIADMK. Now he is
managing the official mouth piece of AIADMK party “ Namadhu
Amma”.
• Mr. Chandrasekar and Mr. Chandraprakash (civil engineer) are
close friends for several years. Both being civil engineers were
working as Technical Assistants for a Junior Engineer in
Coimbatore Corporation West Zone since 1998.
• Mr. Chandraprakash’s father is Mr. Krishnakumar who was
running a company in the name and style of M/s KCP
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44
Engineers and Fabricators which was later given to Mr.
Chandraprakash and he has been running it in the name of
KCP Engineers.
• Mr. Chandrasekars younger brother Mr. Anbarasan and various
family members have floated companies namely Vardhan
Infrastructure, Constronics India, AalayamFoundationPvt. Ltd.,
Constromall Goods Pvt. Ltd., InvictaMeditek Ltd. which under
took various contracts in Coimbatore and Chennai corporation.
KCP ENGINEERS
• This company was started by Mr. Krishnakumar who was
running this company in the name of KCP Engineers and
Fabricators. This company was later handed over to
Mr.Chandra prakash and he has been running this company in
the name of KCP Engineers Pvt Ltd.
• Mr. Chandraprakash and R. Chandrasekar Purchased
1,08,376 shares of KCP Engineers Pvt Ltd. At more than 300
times of their face value at Rs. 3,77,14,848/-
• KCP engineers have managed to increase their turnover to an
unimaginable number within 2011 to 2017. The turnover of
KCP during the year 2011 was Rs. 17 Lakhs which has grown
upto Rs. 142 crores.
• This company has alone obtained contracts worth
Rs.498 Crores
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45
SENTHIL AND CO
• This company belongs to Thiru S.P. Velumani’s own brothers
Thiru. S.P. Anbarasan and Thiru. S.P.Senthil
• This company has undertaken prijects worth Rs. 15 Crores
from the Coimbatore Corporation alone from the year 2011-
2015
• The payments of this company in the year 2011 where Rs.
17,88,569 but in the year 2015 there payments had gone upto
Rs. 8,74,45,787
VARDHAN INFRASTRUCTURE
• This company is owned by Tmt. Sundari Krishnakumar Mother
of Thiru. K. Chandra Prakash and ChinnasamyPremkumar.
• Vardhan Infrastructure had a total contract turnover of Rs.
3,02,61,997 in financial year 2012 to 2013. This increased by 5
times in the year 2014 to 2015 to Rs. 15,17,28,018. This has
even more increased 20 times in 2016-2017 with a turnover of
Rs. 147,34,46,007.
CONSTRONICS INDIA
• This is a partnership firm owned by relatives of Thiru.
K.Chandraprakash, Managing director of KCP Engineers Pvt.
Ltd.
• It is presently operating from the same address as Varadhan
Infrastructure and Constromall Goods Pvt. Ltd.
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46
• The turnover of this company has increased from
Rs.86,00,000/- to Rs. 28,55,61,334 within a span of just three
years.
AALAYAM FOUNDATION PVT LTD
• This company is a subsidiary of KCP Engineers Pvt. Ltd and
managed by Thiru. K. Chandra Prakash.
ThiruRajanChnadrasekar resigned from the company in 2017
but retains major shareholding
CONSTROMALL GOODS PVT LTD
• This is a recently floated company (04.06.2018) by Thiru.
Chandra Prakash, Thiru. Rajan Chandrasekar and V.
Jayaprakash partner in Constronics India (appointed as
additional director on 31.07.2018)
INVICTA MEDITEK LTD
• This is a public listed company formerly based in Spencer
Plaza and now based out of the same address as Constronic
India and has also applied to change its name as Constronics
India Ltd. It has appointed, in violation of Section 149 (6) of
Companies act.
• Thiru. K. Chandra Prakash his wife Tmt. C. Uma Maheshwari
his business associate Thiru. J.Vishnuvadhanan and
Thiru.Palani swamy Sathiyamoorthy.
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47
• In the meeting held on 18.06.2018 the board of directors made
the above changes and also changed the Memorandum of
Association to include “ all kinds of construction related
activities and supply of manpower”.
AALAM GOLD AND DIAMONDS PVT. LTD.
• The founding directors of this company is Thiru. Rajan
Chandrasekar and K. Chandra Prakash. This company was
incorporated in May 2018.
• The above directors are resigned merely after 10 days after
the incorporation.
• Tmt. Uma Maheshwari Thiru K. Chandra Prakash’s wife and
SathyamoorthySaravanakumar are the present Mananging
Director and Director of Company respectively.
RATNAA LAKSHMI HOTELS PVT. LTD.
• This company managed by Thiru K. Chandra Prakash and
Palani Rangarajan
• Thiru. K. Chandra Prakash had resigned and H. Karthik who is
the Constronics India has been appointed instead.
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48
B. CORRUPTION IN LED LAMP FIXATION
A complaint was given by Thiru. M. Appavu on 20.07.2020
against the Minister to the Director, Directorate of Vigilance and Anti-
Corruption. There has been no action on the complaint by the
Directorate of Vigilance and Anti-Corruption till date in violation of
the decision of the Constitution Bench of the Hon’ble Supreme Court
in Lalita Kumari vs State of UP.
The gist of the allegations in the complaint is as follows:
1. According to the announcements of the Hon’ble chief
Minister in assembly in 3 financial years, the Rural Development and
Panchayat Raj Department issued the following Government Orders
for replacing old lights to LED lights in phased manner at Village
Panchayat level for total cost of Rs. 875 cr. The details of orders are
as follows:
Sl.
No
.
Order Nos. and year Sanctioned Sum
No. of Lights be replaced
1. G.O.Ms. No. 19,
Dated 02.02.2016 for
2015-2016
Rs. 300 cr
8,00,000
2. G.O. Ms. No. 11,
Dated 25.01.2017 for
2016-2017
Rs. 300 cr
(8,22,000)
3. G.O. Ms. No. 47, Dated 26.03.2018 for 2015-2016
(additional expenditure to
G.O. 11, dated
25.02.2017)
Rs. 69.32 cr
And altered as
8,24,000 lights
instead 8,22,000
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49
2. When the cost of replacing streetlights comes to Rs. 300 cr
per financial year, there is a duty to issue global e-tender since the
work order sum is exceeding Rs. 10 Cr. as per the Tamil Nadu
Transparency in Tender Act 1998. Knowing fully well that such
tenders within legal parameters may not be helpful to his plan of
wrongfully gaining several crores of public exchequer money, the
Hon’ble Minister Mr. S.P.Velumani constituted a State Level
Committee to fix cost of LED lights for each financial year to fix the
cost of lights and divided the work order in to 38 districts and floated
local e-tenders by District Collector as the work order is reduced to
below Rs.10 crores. By which he surreptitiously achieved avoiding
technically from floating global e-tender. Accordingly, the State Level
Committee (in short SLC) comprised officials as:
a) The Director of Rural Development and Panchayat Raj - Chairman
b) The Chairman/MD of TEDA or his nominee of CMD, TEDA
c) Principal Secretary, Finance Department or his nominee
d) The Supt. Engineer of Rural Development from o/o DRD&PR
f) One Supt. Engineer nominated by the Chairman, TANGEDCO
3. The SLC without being aware of the ground reality or the
cost of each of the LED lights in retail markets or wholesale markets,
fixed abnormal and sky high price to each category of LED lights in
4. G.O. Ms. No. 23,
Dated 13.02.2018 for
2017-2018
Rs.206.38cr
Balance number
of lights
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50
all three 2015-16, 2016-17 and 2017-18 financial years without
applying its mind except executing the Minister’s instructions of fixing
such high and abnormal cost to LED lights by causing huge loss to
public exchequer. As per the Hon’ble Minister’s instructions, the
details of cost fixed by the SLC and comparison the cost of LED
lights in retail market for the 3 financial years and break up is
hereunder :
Sl.No. Financial Year
Cost of 20-Watt LED lights
Cost of 90-Watt LED lights
Cost of 20WattLEDlights in open Market
Cost of 90Watt LED lights in open Market
1 2015-
2016
Rs.
3,737
/-
--- Rs.
450/-
---
2 2016-
2017
Rs.
4,120
/-
--- Rs.
450/-
---
3 2017-
2018
-
--
Rs.14,919/- --- Rs.1550/-
4. Further, the SLC also framed the terms and conditions of
tenders for the Minister’s men conveniently to get contract for
replacing lights at Districts level. As per the terms and conditions of
the tender framed by the SLC, the District Collectors floated tenders
at District Level to purchase LED lights to Village Panchayats. Since
the script of corruption is well drafted and approved by the Hon’ble
Minister Mr. S.P. Velumani in his department level at the Secretariat,
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51
the District Collectors followed the script of corruption to implement
the same by which the Hon’ble Minister pocketed huge exchequer
money through his benami vendors/suppliers/contractors at District
level, who are neither manufacturers of LED lights nor dealers of
branded LED lights companies. Mr. S. P.Velumani constituted the
SLC to take away the financial empowerment granted under
Panchyat Raj Act to the Village Panchayat Presidents is just to
swindle the public exchequer money in single window system. The
usurping of financial empowerment of the Village Panchayat
Presidents grave danger to the Panchayat Raj system.
5. The vendors/suppliers of 20- and 90-Watt LED suppliers to
various districts are either fake or haveno experience in electrical
business or don’t have permanent entities and those are nothing but
benami entities of Hon’ble Minister S. P. Velumani. The sample list of
LED lights benamisuppliers to the districts are hereunder:
Sl.No. Name of Suppliers Contract orders Ref. No.
1 KCP Engineers Pvt Ltd Pullayakulam, Coimbatore
Lr. No.A4/1415/2019, dt. 10.06.2019, issued by
Dy.BDO, Anthanallur Panchayat Union Thirchirapalli District
2 C.R. Construction 40/7, 40/8, Veeramathi
Amman Koil Street, PN Pudur, Coimbatore
Lr. No. 582/2019/R8, dated 24.05.2019, issued by the Asst. Director of Panchayat, Dharmapuri District
3
General Enviro Tech Pvt Ltd 70-A, Kalluri Nagar, Anna
Nagar Peelamedu, Coimbatore
Lr. No. 582/2019/R8, dated
24.05.2019, issued by the Asst. Director of Panchayat, Dharmapuri District
4 R. Krishnamurthy & Co Engineering Contractor,
Sapthamaliga Apartment, Kilpauk, Chennai 600010
Lr. No. 582/2019/R8, dated 24.05.2019, issued by the Asst. Director of Panchayat, Dharmapuri District
5 The Acetech Machinery Components India Pvt Ltd
Lr. No. A1/1284/2019 (1), dated 02.05.2019, issued by the Asst.
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52
71, 4th Cross, Thirumurugan Nagar, Vadavalli, Coimbatore
Director of Panchayat, Kanyakumari District
6 Rajarajeswara Construction 7/C, Directors Colony,
Kodambakkam, Chennai 24
Lr. No. 555/2017/C1, dated 27.04.2018, issued by the District Collector, Nagapattinam District
7 B.R. Ganesh Kumar 16/27, Chellappa Street Chennai 600 012
Lr. No. 815/2018/A5, dated 23.10.2018, issued by the District Collector, Salem
8 Orient Poles Flat No. 17&18, Sanskrit
Apts 1st Floor B1, Velachery by-
pass Road, Velachery, Chennai 42
Lr. No. 582/2019/R8, dated 24.05.2019, issued by the Assistant Director of DRDA, Dharmapuri District
9
.
Sabharai Electricals Ambattur, Chennai
Lr. No. A4/1415/2019, dated 10.06.2019, issued by the Dy. BDO, Anthanallur Panchayat Union, Thiruchirapalli District
1
0
Sri Ganasha Traders Thiruchy
Lr. No. A4/1415/2019, dated 10.06.2019, issued by the Dy. BDO, Anthanallur Panchayat Union, Thiruchirapalli District
1
1
Thirumurugan Electricals Chennai
Lr. No. 617/2019/T3, dated 20.05.2019, issued by the Dy. BDO, Konganapuram Panchayat Union, Salem District
6. The so-called supplier in item No. 1 is none else but AIADMK
party Coimbatore District Rural Wing Secretary Mr. Rajan
Chandrasekar. His company has no previous experience of
supplying electrical goods but he is close associate of Mr.
S.P.Velumani. Hence he was awarded contract of supplying LED
lights. The so called suppliers are neither manufacturers of LED
lights nor dealers/agency of manufacturing companies of LED lights.
These so called suppliers purchased these LED lights from open
wholesale market and supplied the same as the price fixed by the
State Level Committee.
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53
7. The above-mentioned suppliers from Item No.2 to 11 are not
at all in anyway connected with supplying electrical goods nor bulbs
nor LED lights. For example the address of suppliers in Item No. 9,
10 and 11 would very clearly express whether they are real entities of
doing business. No GST numbers provided by all the
aforementioned suppliers. The so-called suppliers from Item No. 4 to
11, do not have any business entity except lending their names to
obtain contracts illegally to supply LED lights at the rate of sky high
price to assist the Minister Mr. S.P.Velumani to swindle the public
money the assistance of his Administrative Officers. If he had floated
global tender,the LED lights manufacturers companies such as viz.
Osram, Philips, Surya, Voltas, Crompton Greaves, Wipro, NTL
Electronics, etc would have participated and it would be finalized, the
cost of purchasing LED lights would have been10 times lower to
replace all old lights to LED lights with technical experts assistance
to save public money.
8. The Hon’ble Minister Mr. S.P.Velumani hatched the idea of
fixing sky high cost of LED lights under his Administrative
Officers/State Level Committee and drafted the terms of tenders to
enable his benamis to participate and they were awarded contracts
to replace old street lights at Village Panchayats at District/Union
Panchayat level for the fixed sky high price by SLC. When the
20 Watt LED light cost at Rs.450/- with fittings, the State Level
Committee fixed the cost Rs. 3,737/- for 2015-16 FY and Rs.4,120/-
for 2016-17 FY.The 90 watt LED lights available at cost of Rs. 1550/-
with fittings, the State Level Committee fixed cost of the 90Watt LED
light at Rs. 14,919/- during 2017-81 FY. His department utilized the
Rs.811 cr. of State Funds and Rs.69 cr. from District Panchayat
Funds, totally Rs.875 cr. fund was taken out to replace the old lights
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54
to LED lights at Village Panchayat level. Under this mechanism of
fixing cost of LED lights and framing terms and conditions of tender
at District level by State Level Committee and awarding contracts to
his benamis, he caused great loss to the exchequer to the tune of
about Rs. 500 cr money and he and the officials of SLC pocketed the
exchequer money about sum of Rs. 500 cr. in the said 3 financial
years and caused loss to the Government.
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55
HON’BLE MINISTER FOR ELECTRICITY THIRU. P. THANGAMANI
A complaint was given by Thiru.R.S. Bharathi on 01.10.2018 against
the Minister to the Director, Directorate of Vigilance and Anti-
Corruption.
There has been no action on the complaint by the Directorate of
Vigilance and Anti-Corruption till date in violation of the decision of
the Constitution Bench of the Hon’ble Supreme Court in Lalita
Kumari v State of UP.
The gist of the allegations in the complaint is as follows:
A. IMPORT OF COAL
• Although TANGEDCO had started floating global tenders for
import of coal, it has not evolved any specific policy for importing
coal. In the absence of a comprehensive policy, there was no
direction for key decisions for import, which led to excessive Bid
Qualification Requirement (BQR), non-adoption of e-tendering and
variable pricing method for payment of imported coal which was
taken advantage by Thiru. P. Thangamani who is holding the post of
Electricity, Prohibition and Excise Minister, by misappropriating funds
in purchasing coal during non-crushing period at higher rates.
• Since the time allowed for purchase of tender documents and
submission by the prospective bidders from the date of publishing of
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56
the tender was gradually reduced from 30 to 10 days without any
reasons on record, the number of bids received remained at
three/four throughout, thereby limiting competition. Minimum time
specified by the competent authority was 15 days as per Rule 20(2)
of the Tamil Nadu Transparency in Tenders Rules, 2000 (Tender
Rules). It is revealed that 30 days of time was not available between
commencements and closing date of sale of tender document, hence
the provision of tender rules was not followed.
• Thus, using this opportunity as a Minister of Electricity, Prohibition
and Excise Thiru. P. Thangamani exceeded his authority and gave
contracts to the companies through which he obtained wrongful gain
and caused wrongful loss to the Government.
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57
B. BIDQUALIFICATION REQUIREMENT (BQR) & INAPPROPRIATE PRICE MANAGMENT
• The criteria fixed (July 2012) in the BQR for import of coal
stipulated that the bidder should have supplied one MMT (Million
Metric Tons) of imported coal during any one of the preceding four
financial years and have an annual average turnover of 1,000 crore
during the preceding three financial years. It is noticed that the
turnover criteria of 1,000 crore was more than the purchase order
value ranging from 68 crore to 330 crores for Tuticorin Port and
170 crore to1, 295 crore for Ennore Port. It is noted that the criteria
fixed (July 2010) by TANGEDCO for all tenders was 25 percent of
the estimated value of the tender. Moreover, TNPL and NTECL fixed
turnover criteria of NIL and 281 crores(26 per cent) against their
value of import of 167 crore and1,092 crore, respectively. This was
done only with a view to eliminate otherwise eligible contractors and
to benefit few pre-selected contractors.
• The import of coal is finalized the competitive prices based on
(i) E-submission method
(ii) Reverse Auction method
(iii) Variable price method
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58
C. CONTRACT MANAGEMENT FOR IMPORT OF COAL
A. The Government of India policy stipulated that import
contracts by all Government departments/PSUs are required to be
finalized on Free on Board (FOB) basis to retain control on
shipments and to extend maximum cargo support to the Indian
shipping industry. The policy further stipulated that No Objection
Certificate (NOC) should be obtained from the Ministry of Shipping,
Government of India for deviation from FOB basis on each and every
case. TANGEDCO finalized all coal import contracts on Cost,
Insurance, Freight (CIF) basis but it did not obtain NOC from the
Ministry of Shipping, Government of India as required.
B. As per tender conditions, production of Certificate of Country
of Origin (COO) by the suppliers for all consignments was mandatory
for getting concessional customs duty and ensuring the genuineness
of the import. The tender condition also stipulated that payments
shall be made by TANGEDCO only upon furnishing of COO by the
suppliers. The Report of the Comptroller and Auditor General of India
on Revenue Sector for the year ended 31 March 2017 revealed that
176 out of total 297 consignments were originated from Indonesia as
per Bill of Lading. But the COO was not produced by the suppliers in
respect of all the 176 consignments. Therefore, the genuineness of
the source of import was not established in respect of 176
consignments till October 2017. However, the payment of Rs.
5,767.31 crores was made to the supplier without obtaining
mandatory COO. The COO from Government of the exporting
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59
country was not obtained in all the 176 consignments which were
mandatory as per the TANGEDCO’s tender conditions.
D. IMPORT OF LOW-GRADE COAL
A. As per the tender conditions, the Gross Calorific Value
(GCV) of the imported coal was required to be at 6,000 Kcal/Kg with
an acceptable range between 5,800 and 6,700 Kcal/Kg. While there
is no premium for GCV exceeding 6,000 Kcal/Kg, for GCV lower than
6,000 Kcal/Kg, the price was to be adjusted as per the formula
specified in the tender.
B. To ensure GCV of the coal supplied as per tender conditions,
supplier was required to engage independent testing agency with the
approval of TANGEDCO. The quality of coal is decided based on the
reports of these testing agencies. The verification of quality testing in
other PSUs (Public Sector Undertaking) revealed that:
� TNPL selected the testing agency for each consignment of coal
from its empanelled testing agencies through a lot system and coal
samples were collected from the automatic coal sampler installed in
the conveyor at the TNPL plant.
� TNECL (Tamil Nadu Energy Company Limited) also selected the
testing agency from its empaneled testing agencies.
� The quality of coal would be finally decided by both TNPL and
TNECL based on the test conducted at their own laboratories in their
plants.
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60
C. The independent verification of the coal quality test reports
from the laboratory of the Customs Department in respect of 121
consignments of TANGEDCO revealed that GCV was lesser than
that of the discharge port laboratory test reports submitted by the
suppliers. TANGEDCO had accepted lower grade of coal as revealed
in the customs test reports but it made payment for coal having GCV
as per the test results submitted by the suppliers’ testing laboratory
and made excess payment of Rs 813.68 crore.
D. Thus Thiru. P. Thangamani being a Minister of Electricity,
Prohibition and Excise abusing his position as a public servant has
engaged in corruption by colluding with TANGEDCO officials by
importing lower grade of coal with intent to misappropriate funds to
the tune of Rs.813.68 crore.
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61
E. EID PARRY CONTRACT
A. TANGEDCO’s termination of PPA (Power Purchase
Agreement) in respect of EID Parry (East India Distilleries) was
illegal as it was aware that the power generated by EID Parry was
made available for sale under STOA (Short Term Open Access)
routes at the prices ranging from Rs 5.05 to Rs 5.50 per unit, which
was more than the prevailing rates fixed by TNERC for crushing
season ranging from Rs 3.52 to Rs 3.99 per unit.
B. The price for purchase of power from EID Parry as per the
tariff fixed during 2015 – 2016 and 2016 – 2017, 2017 – 2018 are as
follows:
SI.NO.
YEAR RATE OF POWER TARIFFDURINGCRUSHING SEASON(DECEMBER TOJUNE)
RATE OF POWER TARIFF DURING
NON - CRUSHING SEASON
(JULY TO NOVEMBER)
PRICE PER UNIT
1. 2015 – 2016 3.52 5.15 3.52
2. 2016 – 2017 3.99 5.40 3.99
3. 2017 - 2018 4.12 - 4.12
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62
C. The purchase of 66.06 MU of power produced by EID Parry
during crushing season at the rates higher than the prevailing rates,
which worked out to Rs 10.90 crore. After the termination of the PPA
with EID parry, TANGEDCO purchased power during the period from
November 2015 to May 2016 on need basis through STOA route.
The purchase of power through STOA route was made at the price
more than the price fixed by TNERC for crushing season and
TANGEDCO intended to purchase surplus power through STOA
route only during Non-crushing season, but it purchased power at
higher rates both during crushing and Non-crushing seasons.
D. Thus, Thiru. P.Thangamani violated the rules of TNERC
(Tamil Nadu Electricity Regulatory Commission) by purchasing 66.06
MU (Million Unit) of power from EID parry at the rates higher than the
notified rates and incurred wrongful loss of Rs 10.90 Crores to
TANGEDCO.
I submit that all the above findings are reflected in Report of the
Comptroller and Auditor General of India on Revenue Sector for the
year ended 31 March 2017.
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63
F. CORRUPTION IN PURCHASE OF SPARE PARTS - M/s. BHEL
(BHARATH HEAVY ELECTRICALS LIMITED)
A. A contract was placed on M/s.BHEL, Chennai by
TANGEDCO for design, engineering, manufacture, assembly,
supply, erection, testing and commissioning of complete coal fired
thermal power plant including all mechanical, electrical,
civil/structural/architectural, control and instrumentation works for the
establishment of North Chennai Thermal Power Station – II (NCTPS)
with capacity ranging from 2x500MW to 500+20%MW within the
existing NCTPS complex for a value of Rs2,475 Crore and Rs 2,175
Crore for unit I & II respectively.
B. As per the general terms and conditions of the contract, the
Contractor shall guarantee that the equipment being supplied under
this contract shall be new and of first quality work man ship and shall
have no defect in m