TSUNAMI SWAMY RANGASAMY

The Loot Story of so called All India NR Congress Chief retold.

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The Chairman on the Sub Committee of Tsunami Relief under Parliamentary Standing Committee of Ministry of Home Affairs, Government of India, Mr.V.Narayanaswamy

Dated 8 th January 2008

“During your visit here in your official duty exercising the representative character of the highest and supreme law enacting body of India, which is also the custodian of Indian people, namely the Indian Parliament, we the political party which plays the responsible role of Opposition here, are presenting our complaint against the Chief Minister of Puducherry N.Rangaswamy who had also subverted the powers of his office to create a Princely state of Thathanchavady. It is an underground movement launched by the Chief Minister with the connivance of former Chief Secretary Khairwal, who might become the Diwan of the Princely state once it declares the unilateral declaration of independence seceding from the Union Territory of Puducherry.”

1.In media you and the Leader of the PMK group in Parliament Professor M.Ramdass have been cautioning against the path of bankruptcy in which Puducherry government had been slipping down, but your voices have been unheard, where it must have evoked due response. The Comptroller ad Audit General of India, deputes his regional commanders to audit the accounts of this union territory and they have been doing their work not to the satisfaction of the general public. Though we wont say they failed miserably we must point out that there is an urgent need to depute a high level audit committee drawn from central pool to audit the already audited accounts of the Union Territory of Puducherry since 2001 till date coinciding with the tenure of current Chief Minister N.Rangaswamy.

Hence we appeal through this sub committee and through Parliament to direct the Comptroller and Audit General of India to institute a high level audit committee for Puducherry. In mundane words it is similar for asking CBI enquiry having lost faith in local police. Let us examine even whatever little that has been detected by the Audit.

The extract from the Audit Report of Puducherry for the year 2005-06Tsunami Relief, Rehabilitation and Reconstruction

The Tsunami of December 2004 damaged 33 villages in the Union Territory of Puducherry. The Government provided assistance in cash and kind to the affected families. There was no comprehensive action plan to utilize funds received from Government of India.

There were deficiencies in identification of beneficiaries for immediate relief and rehabilitation of Tsunami affected people. Assistance for repair/replacement of fishing crafts was delayed by 4 to 17 months after the calamity. Considerable delay was also noticed in reconstruction activities. Consequently, out of 7,567 families who were to be resettled by way of shifting to houses constructed for them, only 100 were resettled as of November 2006. Monitoring of the implementation was poor. (Paragraph 3.1)

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2. Dravida Peravai had been sending representations time again and we are enclosing two petitions, which includes materials that will fall under the purview of the sub committee headed by you. First is our memorandum dated 30.10.2006 addressed to the Rastrapathi and Prime Minister of India and to all Cabinet Ministers of the Union Cabinet, faxed and mailed to all of them in one go to open the eyes of the Union Government over the various commissions and omissions of the Chief Minister N.Rangaswamy.

Dravida Peravai, registered political party active in the Union Territory of Puducherry for more than a decade and which had fought many battles for just causes, with anguish brings to your notice the autocratic behavior of Puducherry Chief Minister Hon'ble N.Rangasamy, as if he is ruling a princely state in colonial era. Behind the guise of appearance of innocence and the mask of simplicity remains the hidden the real man with no vision for the state and no plans to make a better future for our people.

You may be aware that the people of Karaikal, an enclave of Puducherry, which sends 6 legislators to the U.T.Assembly, routed all the 4 Congress candidates in the last assembly polls, with 2 DMK legislators escaping defeat by few votes. The people of Karaikal had been nursing a legitimate long-standing grievance that the Chief Minister's constituency garners all jobs and all developments take place only in his constituency. Karaikal Struggle Group was formed by Dravida Peravai, which spearheads the separate Union Territory demand for Karaikal. The voicing of this demand and peoples support for the demand is due to the one and only reason that all development goes to the Chief Minister's constituency only.

Now in the main enclave of Puducherry, which sends 20 legislators, there is a growing perception that 19 constituencies are neglected with only one getting undue share in the overall development. Let me explain how the nepotism takes shape. There are established canons of law and laid down in procedure about the implementation of schemes with financial implications. You may be aware that postings of Indian Administrative Officers at the control of Puducherry Government have 4 exceptions. Chief Secretary, Development Commissioner, Secretary Finance and Law Secretary are always under the posting control of Home Ministry. Other Secretaries are placed under the disposal of the UT Government. Whereas in Puducherry for quite sometime especially from the period of Hon'ble N.Rangasamy, these norms have been given a go by. For this the Former Chief Secretary was totally responsible colluding with the Chief Minister to float all established norms of good governance. The nexus between then Chief Minister and Chief Secretary who finds place in CVC archives, made the subordinate bureaucrats to behave as yes men and to go scot-free and violating all procedures in files and proposals.

For example on the following: 1.Puducherry Special Economic Zone 2.Procurement of Rice for Free Distribution 3. Recruitment of daily rated staff 4. Tsunami Fund Non-Distribution

Special Economic Zone: The SEZ scheme has been earmarked with PIPDIC. The Hon'ble CM formed a Public Limited Company called Pondicherry SEZ Company Limited in which PIPDIC has got 26 % share. for that 26 % Puducherry Government had acquired 360 acres of agricultural land, remaining 74 % shares has been allotted

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to Messrs Kothari and Messrs Metal whereas both companies are not investing any physical investment. Now the Government is trying to transfer the acquired land from PIPDIC to the Puducheery Sez Co Ltd without following any procedures. The present Chief Secretary had not approved the proposal for the simple reason the non-investment of the shareholders will ultimately end in real estate business.

Lands acquired for a specific purpose by are diverted to real estate business, which is our charge, for which we want you to initiate a probe or call for papers.

Rice Scandal: Puducherry Government is getting annually 3 lakhs tons of rice at the cost of Rs 2.50 from the FCI under PDS system. This rice was used to distribute among the marginal income holders for a subsidized rate and during natural calamity period with free of cost from the fund of local bodies. This has been covering roughly 1.8 lakh cardholders. Whereas the CM very recently declared to supply rice to all the cardholders of Pudiucherry be it rich or poor. This scheme covers 3.5 lakh cardholders of this U.T with 10 kilos each. For this Govt procured about 3 lakh tons rice from open market at Rs 8 per kg. And also they have not utilized the FCI allocations for reasons best known to them. The financial implication has been credited from Social Welfare Department fund for which they have not obtained prior sanction from GOI. The Govt has not followed any system for the purchase of this huge quantity of rice. The suppliers are close associates of CM and involve huge kick back.

The undistributed rice had been recycled once again as if it had been procured fresh.

Jobs to One Constituency: The CM recruited not less than 10,000 people from his constituency without following any norms. And these recruitments have taken place by adopting token system. Majority of them are either non-puducherian or migrated relatives of the CM. There was a writ petition in the HC of Madras in this regard and the order of the HC suspending these appointments has been thrown into the dustbin.

Tsunami Swindle: Govt of India as well as voluntary agencies have allocated huge crores of rupees under the Tsunami Rehabilitation. This fund was under the direct supervision of the CM and he spent it without any norms with even as cash transactions and the same has not yet been audited.

No houses were built to the fishermen who faced the fury of Nature. Dravida Peravai urges you to direct a high level probe on the Tsunami swindle here and to unravel the truth.

Port Scandal: Having wasted crores and crores for the so-called Port development, the Government of Puducherry had given it on a platter to a Private Hotel.

These methods planned with pre-thought aims at spending public money to develop infrastructure then pass it to private for paltry pittance depriving the State Exchequer revenue on its expenditure in infrastructure thereby diverting and piling mountains of money in their hidden troves of the Thattanchavadi princely state.

This may sound an unusual request. In a democracy how can a duly elected Chief Minister be removed by a titular head of the State, eyebrows may raise.

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Unprecedented autocratic governance warrants unforeseen strong remedial reactions. Further you, the President of India, directly administer a Union Territory and you have the right to intervene.

Dravida Peravai, a party of Periyarites who never aspire power urges you to direct all the intelligence agencies in the command of the Union Government to shadow one night the Chief Minister on his weekly travels to pleasure destinations and to report truth to the Union Cabinet to form the basis of suitable action apart from the charges listed above.

The second enclosure will be a petition dated 4 th Feb 2007 sent to the President of India, Prime Minister of India and Comptroller and Audit General of India, marking copies to the Lt.Governor and Chief Secretary.

Subject: Urgent pre-emptive measures sought to halt the Tsunami Swindle of Thiru.N.Rangasamy Government and violation of Central guidelines regarding

Nowhere in India will democracy be replaced by lootocracy, and nowhere in India all parties in the assembly will be one party to loot public exchequer. Puducherry being tiny territory could have been administered in much efficient way and with a vision for development. But here the Chief Minister N.Rangasamy has acquired mafia culture and is dividing the spoils of the system to all parties represented in the assembly. Hence people's woes could not be echoed due to legislator's dancing to the tunes of the paymaster. This may sound as wild allegation and even breach of privilege could arise over my remarks. But I don't want the breach of good governance to go unchecked. I don't want the breach of the constitutional mechanism to accountability be mocked at with immunity. I don't want, in the absence of right to recall, elected representatives stabbing the people's expectations behind their back, in order to amass ill-gotten wealth.

The Hon'ble Home Minister of India Mr.Shivraj Patil visited Puducherry and what instructions he gave is known to all in this Administration, more particularly the Chief Minister of Puducherry. If I had to remind for the sake of refreshing the memory of Hon'ble Home Minister of India, I must humbly state that he strictly told that only for projects funds should be spent and in no case ex- gratia payment should be made. Tsunami did not strike yesterday or few days before Home Minister visited Puducherry in 2007. People are not marooned and no urgency exists to hand over cash to the tsunami victims, that too in 2007 February, after a long gap of time for a tsunami that hit on 26 th December of 2004.

Few days ago a meeting to Review Tsunami Relief was conducted in the Secretariat of the Pondicherry, wherein almost all Members of the Legislature, in stage-managed operation tutored by the Chief Minister had demanded cash payments to be made through them to whomsoever they identify as tsunami victim. This is gross violation. This is daylight robbery. This is open swindle of public money. This is to openly defy the Union Home Minister's directions that only for specific purpose and that too only for projects and schemes moneys should be spent. This is using public money to buy the silence of all the legislative members, and to deny the people of respective

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constituencies their legitimate right to be heard through their representatives. This is seducing all parties and making them corrupt. This is bypassing the administration and to establish parallel administration. This is prelude to convert Puducherry into a princely state, where the King can dispose moneys as he wishes, without having any due respect to the Comptroller and Auditor General of India. This is to run Puducherry as feudal state and not as a union territory accountable to Center.

Dravida Peravai, a party that plays the opposition role in all crises in the decade of its existence, once again sounds the alarm bell. Dravida Peravai prays for the Comptroller and Auditor General to intervene immediately to stall the proposed loot. Dravida Peravai appeals to the Union Government to stop the plunder with immediate effect.

In the book published by Union Government on the achievements of Union Territory under UPA government two important observations need to be mentioned. Rajiv Gandhi Package of assistance for Tsunami Affected Persons: Assistance of Rs 155 crore was approved under the package for providing immediate relief such as ex gratia payment, temporary housing, and assistance for fishermen etc. Will the Government of India bring out a White paper on how this money was spent in Puducherry? When Tsunami struck Karaikal region and Nagapattinam of Tamilnadu, the most of the moneys should have gone there. But it never went. Under the Right to Information Act, an activist of Consumer Forum in Karaikal had been asking for the quantum of money received by government for tsunami and how it was spent. All authorities as per the hierarchy that is fixed to answer questions under Right to Information act had given only expenses figures; never had they given the figures of the amount received. Is it a state secret? Mr.Nallusamy, the senior citizen of the Consumer Forum is tirelessly knocking the doors after one after one office, till about Karaikal region everything remains shrouded in secrecy.

The same book brought out by Press Information Bureau claims: Permanent Shelters for Tsunami Affected persons: A World Bank assisted Project for providing permanent shelters and livelihood programmes for tsunami affected people of Puducherry is under implementation, with an outlay of Rs158 crore. It is envisaged that 8,125 permanent houses will be built in Puducherry with substantial contributions from NGO's in the effort.

While Union Government publication makes tall claims being misled by N.Rangasamy government, The Center for Fisher folk's Empowerment in a representation to Union Home Minister dated 20.01.2007 states: "In Puducherry region there are 15 fishing villages. Out of this, the N.Rangasamy Government has taken steps to build houses only in 5 villages even after a lapse of 2 years that too with the funds provided by NGO's and Government of Maharashtra. The total number of houses needed for these 15 villages are 7350, but the N.Rangasamy Government proposes to build only 4074 houses, whereas the Press Information Bureau publication claims 8125 houses are to be built. Who is fooling whom? Whether the Center is being fooled by N.Rangasamy Government to extract money from World Bank for 8125 houses but actually planning to construct only 4074 houses, thereby trying to loot the balance. ? It is for you to read in between the lines, the famous phrase of Kuldip Nayyar.

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Hence the most affected Karaikal region wants to separate itself from this misrule. That is why Union Territory status is being sought by Karaikal enclave of Puducherry separated by 160 kilometers from the Capital Puducherry.

Apart from these memorandums wherein we have dealt with the Tsunami swindle by the Maharaja of Thattanchavady in waiting but currently holding Chief Minister's chair of this Union Territory, the Karaikal District unit of Dravida Peravai had published a pamphlet listing out how transparently the Prime Minister of India's web sites are providing information on Tsunami funds thereby proving beyond an iota of doubt that the hands, heart and mind of the Indian Prime Minister Manmohan Singh is clean. At the same time we have exposed how the Puducherry Governments web sites are suppressing facts and hiding details.

The beneficiaries name will be provided, the address will be given, even their bank account number would be given including bank, but how much was given as relief was with held in government sites. Many consumer activists like Mr.Nalluswamy of the Kottucherry Consumer Protection Group had sought answers under Right to Information Act, but the simple question how much funds came from center and from other non governmental agencies had never been answered. The three activists, Nallusamy from Kottucherry, Advocate Karthikeyan from Thirumudinagar of Puducherry, Advocate Kulothungan of Kalapet had filed petitions after petitions to all authorities to know facts under Right to Information Act. Dravida Peravai can produce procuring from them. But we urge the Sub Committee to summon officials exercising power under Right to Information Act, and ask them details of petitions received under the Act to know Tsunami accounts, and what replies they had given so far.

4. There had been many agitations in fishermen villages as well as before the Assembly, and the sub committee must seek details summoning the Special Branch of Police to provide details of the agitations over non construction of tsunami houses or anomalies over tsunami relief, including the press clippings, so that the Rajyasabha and its committee can know the extent of the feelings of hurt in the tsunami affected villages.

5. The Karai Union Pradesam, a journal from Karaikal had brought out the list of funds allocated by various Members of Parliament with their pictures, and this sub committee is duty bound to enquire on what happened to the funds earmarked by the Honorable Members of Parliament and why the relief measures did not reach the people.

6. A team of Central P.W.D officials must be ordered to visit the Tsunami affected villages to assess the quality of the houses constructed including its costs, because they were given on contract to some big firms, which in turn allocated it to sub contractors, ultimately even what reached the people after looting all the way in the process reminds me of what Late Rajiv Gandhi had said on government expenditure. In every rupee marked for the people only 15 paise reaches them, Rajiv Gandhi had lamented. Here how much went and where it went cannot be a matter of statements by parties like us and Chief Minister's rebuttals. Center has agencies like CPWD, which can assess, and no one is more fit than the subcommittee of Rajyasabha to order for a probe by CPWD on Tsunami Houses in Union Territory of Puducherry.

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7. There is an urgent need to track down where all moneys meant for Tsunami had been hijacked and a hunt for the safe havens it would have reached must begin. Dravida Peravai urges the sub committee to advice the Union Government to order for a CBI probe into the tsunami swindle. Being Union Territory no necessity to obtain cabinet nod for calling in CBI is needed. The CBI must be asked to probe not only within Puducherry but also in the places of worship frequented by the Chief Minister N.Rangasamy, including the town of the sacred Samadhi of Appapaithyam Swamigal, where it is learnt nearly 5000 acres of land had been bought by over night millionaires and their associates.

8. More than 500 people lost their lives in Karaikal and Karaikal was hit by Tsunami in worst ever form. Yet the immediate relief went to the constituency of AIADMK legislator A.Anbazhagan, and thereto instead of coastal affected areas, the safe less affected inland places walked away with the relief. Our Cheap Minister, sorry Chief Minister who had become cheap in public esteem thrives by keeping opposition in good humor, and amidst bravado in day time, the AIADMK leader will always be seen in Chief Minter's company, acting as his spokesperson targeting against inner party enemies of the Chief Minister. May be AIADMK Supremo must have give exemption to this legislator to openly defend ruling party, whereas AIADMK in Tamilnadu is proving every day to be an opposition here. By manipulation here opposition leader of media hype will be midnight accomplice of Wrong Asaamy in Tamil, Wrong Swamy N.Rangaswamy. In recent websites the list of immediate beneficiaries who got 5000 each is provided running into more than 100 pages after our party criticized the web sites in our pamphlet attached. There it must be pointed out why on large sums disposed there is silence, and why government is seeking more funds even while it cannot explain the 1600 crore's expenditure.

Chief Minister N.Rangasamy must be stripped from office and summoned before Rajyasabha and Loksabha to be admonished on wasting Tsunami funds that too obtained in a National calamity not heard in near past centuries. Hence the Parliament must take the unusual step to reprimand an individual, and to protect the dignity of his office, he may be stripped before appearing in the dock before Rajya sabha and Loksabha.

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GOOD BYE: LET GOOD GOVERNANCEDAWN IN PUDUCHERRY

After the ouster of Mr.N.Rangasamy from Chief Minister’s post by the directive of the Indian National Congress party, Dravida Peravai General Secretary N.Nandhivarman who for eight months toiled hard to bring down the Chief Minister wrote :

Nowhere in India, will a Chief Minister enjoy the solitary support of

his own shadow and none in the Congress legislature party to

support him. The observers sent by All India Congress Committee

Union Minister Mr.Vayalar Ravi, Mr.Arun Kumar and Mr.

Krishnamurthy on 25th August 2008 visited Puducherry to ascertain

the wishes of the legislators to decide whether the Chief Minister

Rangasamy enjoys any support in the legislative assembly.

Mr.Vayalar Ravi, in tension made a tongue slip. In his interview to

the media telecast he told that the Parliamentary Party met under

the leadership of N.Rangasamy. We started wondering how come

suddenly Rangasamy could become Prime Minister and preside the

Parliamentary Party without media or world knowing his election as

Prime Minister. The Congress legislature party had to meet 12

kilometers away from the town in a sea side of star hotel, that too

under protective cover of 7 Superintendents of Police and a sizeable

number of police men. To enable 11 legislators of Congress and 3

independents supporting the government to meet and elect a new

Chief Minister, so much police force had to be deployed, apart from

arresting 65 anti-socials as precautionary measure. In spite of all

force the car of the Union Minister of State Mr.V.Narayanasamy

faced the brunt of the attack of the Chief Minister who had only his

vote for him. Two others, the Speaker and Deputy Speaker played

neutral. Malai Malar reports the other lonely supporter; bigamy-

trigamy fame Mr.Angalane too did not openly express support to the

Chief Minister. The televisions from Delhi reported the spokesperson

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of the Congress saying that Chief Minister will be changed in a day

or two. Yesterday all the M.L.A’s had given letter of support to the

incoming Chief Minister. But the Chief Minister N.Rangasamy, who

unconstitutionally struck to office all these 6 months without even

one more vote to support him in addition to his own vote, still wants

to be Chief Minister in coma. To trace the roots of the crisis, we are

reproducing our earlier memorandums against the Chief Minister,

which will pinpoint his failures in office. At last the UT seems to be

liberated. That will be our second independence day.

Wrong swamy Rangasamy:

Indian Prime Minister must

intervene Today i.e. 3 rd of January 2008 the Puducherry Legislative

Assembly met for few hours just to pass the Value Added Tax

legislation and to fulfill a constitutional compulsion to convene

assemblies periodically. I had posted in my previous blog few days

ago about the complete isolation of the Chief Minister N.Rangasamy

within his cabinet, which resulted in 5 cabinet ministers in the 6

member cabinet writing to Indian Prime Minister that they want to

discuss certain issues in cabinet, which should not be taken to

assembly without cabinet nod. Chief Minister N.Rangasamy never

answers any accusation against him. Unlike Tamilnadu Chief

Minister and the Lady in Opposition there in Puducherry politics no

public debate on any real issue will lead to exchanges between the

Chief Minister and Opposition leader. The visiting media men are

thrilled to see a simple man taking tea in a teashop and riding a

motor bike, and to their eyes this innocent Chief Minister could not

be a man of vices but a paragon of virtue. Diverting funds of other

ministries to build a dream project, a medical college in his

constituency, is one issue on which his cabinet colleagues after

exhausting their patience have come out in open. The question of

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Chief Minister's constituency youth alone garnering all jobs

bypassing employment exchanges and floating all rules and

regulations is a volcano in the hearts of youth of other

constituencies, which will explode in next elections washing away

the Congress in all constituencies except Chief Ministers.

Madam Sonia Gandhi has lost touch with ground level happenings or

a coterie around her keeps her in dark out. There is no Opposition in

Puducherry. If you look at the Defense lawyers of the Chief Minister,

you can find CPI legislator R.Viswanathan, a pious orthodox temple

worshipper who will swear by Karl Marx and Krishna in same breath.

The AIADMK legislator Anbazhagan who will pose as opposition

leader till dark but once daylight is over will hobnob with the Chief

Minister, due to his legal or otherwise business compulsions. Less

said about the designated Opposition leader, who belongs to DMK

but ensures no portrait of Kalaignar to adorn anywhere but only his

is visible everywhere in his constituency. I had stopped issuing

statements, since I face a worse than emergency censorship here.

Hence we have been writing to the Union Cabinet and media. If

only Government of India and Manmohan Singh cabinet had acted

upon this following fax sent to all cabinet ministers in his cabinet

could have stemmed the rot. Since this letter, particularly the last

paragraph failed, the Cabinet of Rangasamy had to revolt from

within.

The other letter on Tsunami swindle must have woken your party

and government from slumber at least on humanitarian tragedies a

government must deliver and not allow looting gangs to thrive

under political patronage. As last straw in camels back, 5 cabinet

ministers of Rangasamy cabinet want the Wrong Aasami in Wrong

Chair to quit. If your party does not act, then people will deliver the

verdict in next polls.

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The first memorandum we submitted in our crusade against the CM

is given below:

His Excellency The President of India

30.10.2006

&

The Council of Ministers headed by Hon'ble Prime

Minister Manmohan Singh

Respected Rastrapathiji

Subject: Commissions and Omissions of Hon'ble N.Rangasamy, Chief

Minister of Puducherry and action sought against misgovernance

regarding

Dravida Peravai, registered political party active in the Union

Territory of Puducherry for more than a decade and which had

fought many battles for just causes, with anguish brings to your

notice the autocratic behavior of Puducherry Chief Minister Hon'ble

N.Rangasamy, as if he is ruling a princely state in colonial era.

Behind the guise of appearance of innocence and the mask of

simplicity remains the hidden the real man with no vision for the

state and no plans to make a better future for our people.

You may be aware that the people of Karaikal, an enclave of

Puducherry, which sends 6 legislators to the U.T.Assembly, routed

all the 4 Congress candidates in the last assembly polls, with 2 DMK

legislators escaping defeat by few votes. The people of Karaikal had

been nursing a legitimate long-standing grievance that the Chief

Minister's constituency garners all jobs and all developments take

place only in his constituency. Karaikal Struggle Group was formed

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by Dravida Peravai, which spearheads the separate Union Territory

demand for Karaikal. The voicing of this demand and peoples

support for the demand is due to the one and only reason that all

development goes to the Chief Minister's constituency only. Now in

the main enclave of Puducherry, which sends 20 legislators, there is

a growing perception that 19 constituencies are neglected with only

one getting undue share in the overall development.

Let me explain how the nepotism takes shape. There are

established canons of law and laid down in procedure about the

implementation of schemes with financial implications. You may be

aware that postings of Indian Administrative Officers at the control

of Puducherry Government have 4 exceptions. Chief Secretary,

Development Commissioner, Secretary Finance and Law Secretary

are always under the posting control of Home Ministry. Other

Secretaries are placed under the disposal of the UT Government.

Whereas in Puducherry for quite sometime especially from the

period of Hon'ble N.Rangasamy, these norms have been given a go

by. For this the Former Chief Secretary was totally responsible

colluding with the Chief Minister to float all established norms of

good governance. The nexus between then Chief Minister and Chief

Secretary who finds place in CVC archives, made the subordinate

bureaucrats to behave as yes men and to go scot-free and violating

all procedures in files and proposals. For example on the following:

1. Puducherry Special Economic Zone 2.Procurement of Rice for

Free Distribution 3. Recruitment of daily rated staff 4. Tsunami

Fund Non-Distribution

Special Economic Zone: The SEZ scheme has been earmarked

with PIPDIC. The Hon'ble CM formed a Public Limited Company

called Pondicherry SEZ Company Limited in which PIPDIC has got 26

% share. for that 26 % Puducherry Government had acquired 360

13

acres of agricultural land, remaining 74 % shares has been allotted

to Messrs Kothari and Messrs Metal whereas both companies are not

investing any physical investment. Now the Government is trying to

transfer the acquired land from PIPDIC to the Puducheery Sez Co Ltd

without following any procedures. The present Chief Secretary had

not approved the proposal for the simple reason the non-investment

of the shareholders will ultimately end in real estate business. Lands

acquired for a specific purpose by are diverted to real estate

business, which is our charge, for which we want you to initiate a

probe or call for papers.

Rice Scandal: Puducherry Government is getting annually 3 lakhs

tons of rice at the cost of Rs 2.50 from the FCI under PDS system.

This rice was used to distribute among the marginal income holders

for a subsidized rate and during natural calamity period with free of

cost from the fund of local bodies. This has been covering roughly

1.8 lakh cardholders. Whereas the CM very recently declared to

supply rice to all the cardholders of Pudiucherry be it rich or poor.

This scheme covers 3.5 lakh cardholders of this U.T with 10 kilos

each. For this Govt procured about 3 lakh tons rice from open

market at Rs 8 per kg. And also they have not utilized the FCI

allocations for reasons best known to them. The financial implication

has been credited from Social Welfare Department fund for which

they have not obtained prior sanction from GOI. The Govt has not

followed any system for the purchase of this huge quantity of rice.

The suppliers are close associates of CM and involve huge kick back.

The undistributed rice had been recycled once again as if it had

been procured fresh.

Jobs to One Constituency: The CM recruited not less than 10,000

people from his constituency without following any norms. And

these recruitments have taken place by adopting token system.

Majority of them are either non-puducherian or migrated relatives of

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the CM. There was a writ petition in the HC of Madras in this regard

and the order of the HC suspending these appointments has been

thrown into the dustbin.

Tsunami Swindle: Govt of India as well as voluntary agencies have

allocated huge crores of rupees under the Tsunami Rehabilitation.

This fund was under the direct supervision of the CM and he spent it

without any norms with even as cash transactions and the same has

not yet been audited. No houses were built to the fishermen who

faced the fury of Nature. Dravida Peravai urges you to direct a high

level probe on the Tsunami swindle here and to unravel the truth.

Port Scandal: Having wasted crores and crores for the so-called

Port development, the Government of Puducherry had given it on a

platter to a Private Hotel. These methods planned with pre-thought

aims at spending public money to develop infrastructure then pass

it to private for paltry pittance to State Exchequer but piling

mountains of money in their hidden troves.

Bigamy Row: The cabinet colleague of Chief Minister N.Rangasamy

had married thrice and in this bigamy/trigamy affair, Chief Minister

instead of sacking his colleague is trying all his best to negotiate a

compromise formula to conceal his failure as one who holds Home

portfolio in acting upon dowry harassment, physical torture, wrong

confinement and all such torture and mental agonies caused to the

victim. We demand the dismissal of the Social Welfare Minister

P.Angalane facing bigamy charges and also we urge you to dismiss

the Chief Minister who holds office at your pleasure.

This may sound an unusual request. In a democracy how can a duly

elected Chief Minister be removed by a titular head of the State,

eyebrows may raise. Unprecedented autocratic governance

warrants unforeseen strong remedial reactions. Further you, the

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President of India, directly administer a Union Territory and you

have the right to intervene. Dravida Peravai, a party of Periyarites

who never aspire power urges you to direct all the intelligence

agencies in the command of the Union Government to shadow one

night the Chief Minister on his weekly travels to pleasure

destinations and to report truth to the Union Cabinet to form the

basis of suitable action apart from the charges listed above.

With regards yours truly

N.Nandhivarman General Secretary Dravida Peravai

Hon'ble Prime Minister of India Thiru.Manmohan Singh

Hon'ble Home Minster of India Thiru.Shivraj Patil

Comptroller and Auditor General of India

Copy to: His Excellency the Lt.Governor and The Chief Secretary, Government of Puducherry.

Respected Constitutional Authorities.

Subject: Urgent pre-emptive measures sought to halt the Tsunami

Swindle of Thiru.N.Rangasamy Government and violation of Central

guidelines regarding

Nowhere in India will democracy be replaced by lootocracy, and

nowhere in India all parties in the assembly will be one party to loot

public exchequer. Puducherry being tiny territory could have been

administered in much efficient way and with a vision for

development. But here the Chief Minister N.Rangasamy has

acquired mafia culture and is dividing the spoils of the system to all

parties represented in the assembly. Hence people's woes could not

be echoed due to legislator's dancing to the tunes of the paymaster.

16

This may sound as wild allegation and even breach of privilege

could arise over my remarks. But I don't want the breach of good

governance to go unchecked. I don't want the breach of the

constitutional mechanism to accountability be mocked at with

immunity. I don't want, in the absence of right to recall, elected

representatives stabbing the people's expectations behind their

back, in order to amass ill-gotten wealth.

The Hon'ble Home Minister of India Mr.Shivraj Patil visited

Puducherry and what instructions he gave is known to all in this

Administration, more particularly the Chief Minister of Puducherry. If

I had to remind for the sake of refreshing the memory of Hon'ble

Home Minister of India, I must humbly state that he strictly told that

only for projects funds should be spent and in no case ex- gratia

payment should be made. Tsunami did not strike yesterday or few

days before Home Minister visited Puducherry in 2007. People are

not marooned and no urgency exists to hand over cash to the

tsunami victims, that too in 2007 February, after a long gap of time

for a tsunami that hit on 26 th December of 2004.

Few days ago a meeting to Review Tsunami Relief was conducted in

the Secretariat of the Pondicherry, wherein almost all Members of

the Legislature, in stage-managed operation tutored by the Chief

Minister had demanded cash payments to be made through them to

whomsoever they identify as tsunami victim. This is gross violation.

This is daylight robbery. This is open swindle of public money. This

is to openly defy the Union Home Minister's directions that only for

specific purpose and that too only for projects and schemes moneys

should be spent. This is using public money to buy the silence of all

the legislative members, and to deny the people of respective

constituencies their legitimate right to be heard through their

representatives. This is seducing all parties and making them

corrupt. This is bypassing the administration and to establish

17

parallel administration. This is prelude to convert Puducherry into a

princely state, where the King can dispose moneys as he wishes,

without having any due respect to the Comptroller and Auditor

General of India. This is to run Puducherry as feudal state and not as

a union territory accountable to Center.

Dravida Peravai party that plays the opposition role in all crises in

the decade of its existence, once again sounds the alarm bell.

Dravida Peravai prays for the Comptroller and Auditor General to

intervene immediately to stall the proposed loot. Dravida Peravai

appeals to the Union Government to stop the plunder with

immediate effect.

In the book published by Union Government on the achievements

of Union Territory under UPA government two important

observations need to be mentioned. Rajiv Gandhi Package of

assistance for Tsunami Affected Persons: Assistance of Rs 155 crore

was approved under the package for providing immediate relief

such as ex gratia payment, temporary housing, and assistance for

fishermen etc. Will the Government of India bring out a White paper

on how this money was spent in Puducherry. When Tsunami struck

Karaikal region and Nagapattinam of Tamilnadu, the most of the

moneys should have gone there. But it never went. Under the Right

to Information Act, an activist of Consumer Forum in Karaikal had

been asking for the quantum of money received by government for

tsunami and how it was spent. All authorities as per the hierarchy

that is fixed to answer questions under Right to Information act had

given only expenses figures; never had they given the figures of the

amount received. Is it a state secret? Mr.Nallusamy, the senior

citizen of the Consumer Forum is tirelessly knocking the doors after

one after one office, till about Karaikal region everything remains

shrouded in secrecy.

18

The same book brought out by Press Information Bureau claims:

Permanent Shelters for Tsunami Affected persons: A World Bank

assisted Project for providing permanent shelters and livelihood

programmes for tsunami affected people of Puducherry is under

implementation, with an outlay of Rs158 crore. It is envisaged that

8,125 permanent houses will be built in Puducherry with substantial

contributions from NGO's in the effort.

While Union Government publication makes tall claims being misled

by N.Rangasamy government, The Center for Fisher folk's

Empowerment in a representation to Union Home Minister dated

20.01.2007 states: “In Puducherry region there are 15 fishing

villages. Out of this, the N.Rangasamy Government has taken steps

to build houses only in 5 villages even after a lapse of 2 years that

too with the funds provided by NGO's and Government of

Maharastra. The total number of houses needed for these 15

villages are 7350, but the N.Rangasamy Government proposes to

build only 4074 houses, whereas the Press Information Bureau

publication claims 8125 houses are to be built. Who is fooling

whom? Whether the Center is being fooled by N.Rangasamy

Government to extract money from World Bank for 8125 houses but

actually planning to construct only 4074 houses, thereby trying to

loot the balance. ? It is for you to read in between the lines, the

famous phrase of Kuldip Nayyar.

Hence the most affected Karaikal region wants to separate itself

from this misrule. That is why Union Territory status is being sought

by Karaikal enclave of Puducherry seperated by 160 kilometers from

the Capital Puducherry.

With Regards

Yours sincerely

N.Nandhivarman

19

General Secretary

Dravida Peravai

IN THE HIGH COURT OF MADRAS

Writ Petition [C] No. Of 2008

In the matter:

N.Nandhivarman

General Secretary

Dravida Peravai…………………………………Petitioner

V.S.Nallusamy

Secretary

Kottucherry Nugarvoor Pathugappu Kuzhu………….Co-Petitioner

Vs

Government of Puducherry represented by

Chief Secretary

Government of India represented by

Home Secretary …………………………………………..Respondents

INDEX

20

[Please see inside]

Filed on: Filed

by;April 2008

A.O.R for Petitioner

Index: Page.

No

1. Synopsis

2. List of Dates

3. Writ Petition with Affidavit

4. Annexure P-1 the tsunami losses Report by PMO

5. Annexure P-2 CAGReport: Loksabha Public Accounts Committee.

6. Annexure P-3 G.O dated 19.09.2003

7. Annexure P-4 G.O dated 31.12.2004

8. Annexure P-5 G.O dated 3.1.2005

9. Annexure P-6 G.O dated 25.1.2005

10. Annexure P-7 G.O dated 15.03.2005

11. Annexure P-8 List of dead, damages etc by Got of Puducherry

12. Annexure P- 9 News Report in Business Line

13. Annexure P-10 Memorandum to Parliamentary Sub Committee

14. Annexure P-11 G.O on Committee to Probe medical college

15 Annexure P-12 News clippings on CVC probe

16. Annexure P-13 News Clippings on Cabinet revolt

17. Annexure P-14 G.O on MPLADFunds

18. Annexure P-15 G.O on Chief Minister’s Welfare Fund

19. Annexure P-16 Pages from Project Implementation Agency book

20. Annexure P-17 Co-petitioners queries under RTI present status

21. Annexure P- 18 The web Report on CBI Cases pending

22. Annexure P-19 The Law Department Information to Public

23. Annexure P-20 the petitioner’s writings on Tsunami in Indian

Express

21

24. Annexure P-21 various petitions to Center and Lt.Governor

Synopsis:

Disasters are broadly of two types namely avoidable and un

avoidable. There has been global level awareness on Natural

Disasters. United Nations Organization had designated the nineties

as International Decade for Natural Disaster Reduction. International

Programme Forum, The Geneva Mandate on Disaster Reduction-

Geneva 1999 etc is aimed at generating awareness on Natural

Disasters. Over 150 member states of United Nations had signed

the IDNDR Resolution calling for all nations to develop programmes

to reduce loss of life, economic impact and human suffering by

natural disaster through declaration, legislation, policy decisions and

actions at the highest level. The United Nations Environment

Programme has identified India as one of the countries most

vulnerable to sea level rise. In post-tsunami phase there had to be

more awareness and preparedness in disaster management.

The state of affairs in Union Territory of Puducherry is but a poor

reflection of the skewed nature of disaster preparedness. It exhibits

a combination of institutional structures, policies and programmes

that prioritize knee-jerk emergency responses and relief aid

illustrating the trickle down and fire brigade approach to disaster

preparedness that is centralized and bureaucratized. Little wonder

therefore disaster management plans mandatory for every state

and district under National Disaster Management Act are often

made out without citizen involvement, left out of public domain. The

22

focus is the government response after disaster and not disaster

mitigation, generally.

In Puducherry in response after tsunami is to hoodwink the public

with creation of multiple bodies passing numerous government

orders. The focus is to divert the tsunami funds to inland areas,

more particularly to infrastructure and other mega projects within

Chief Minister’s constituency. The region of tsunami deaths,

Karaikal, almost got nothing, with victims getting paltry pittance.

The cabinet system of governance in Puducherry had collapsed with

unilateral decisions of the Chief Minister bypassing the cabinet in

many instances, more particularly diversion of funds to nurse his

constituency in building a mega medical college project and a

children hospital project, for which tsunami funds too were diverted.

The other 5 Ministers in the cabinet had openly revolted against

this, and took the issue with their high command, which directed a

ministerial probe into the medical college scam.

Puducherry Government issued a Government order forming a

Committee headed by Health Minister, Education Minister, Tourism

Minister and Chief Secretary to probe the diversion of funds

earmarked for other departments, including tsunami funds. The

recommendation of this Committee sought the assistance of the

Central Vigilance Commission, which had recently started the probe,

with all media reporting the same.

The Project Officer of the Puducherry Medical College Society,

initiated and funded without cabinet approval, had been charge

sheeted by Central Bureau of Investigation, which had submitted a

2000 pages charge sheet in local courts. These two probes one by

Central Vigilance Commission and Central Bureau of Investigation

23

deals with the corruption angle of some projects where public

money including mostly tsunami funds had been looted.

The constitutional failure to have cabinet’s approval and failure to

uphold collective responsibility led to diversion of tsunami funds,

which is the reason for government’s failure to construct houses to

tsunami victims.

Repeated agitations, numerous representations, made to various

bodies including to the Parliamentary Sub Committee on Tsunami

Relief, to force the Puducherry Government to build houses for all

tsunami affected villages failed to yield result. Other State

Governments and NGO’s have only constructed houses, and with

enormous money available, The Union Territory Government had

not constructed houses since it had diverted funds to nurse Chief

Minister’s constituency.

The Reports of Comptroller and Auditor General had exposed the

failures of the Puducherry Administration and even such reports did

not make the Government wake up and do amends.

Under Right to Information Act, public spirited persons sought

details of the tsunami funds that came to Government coffers, but

the refusal to divulge information sought, clearly proves the guilt of

the Government, The Members of Parliament after visiting Tsunami

struck villages offered assistance to build Tsunami Shelter Homes

under the Members of Parliament Local Area Development Scheme.

The Union Territory Government had failed to construct these

homes.

The protective measures to prevent future calamities have not been

initiated with installation of warning system. Promises made in this

regard were remaining in cold storage.

24

The modernization of fishing villages could have been done with

tsunami funds, but no plan to modernize villages which were for

centuries pursuing the profession with dedication. Lot of foreign

exchange could be earned by improving the age old fishing

techniques, providing cold storage in fishing villages, creating ultra

modern packaging transportation, marketing and opening export

avenues to fishing communities. Instead with all the moneys that

came from World Bank and Union Government, constituencies other

than coastal ones, areas that were not in anyway affected by

tsunami, selective constituencies got mega projects funded, leaving

the burden to provide houses to tsunami affected people on the

shoulders of non governmental organizations and voluntary

organizations.

Even after completion of 3 years and 4 months since tsunami

brought havoc on the lives of the fishing villages of Puducherry

Union Territory, still representations, agitations etc demanding

houses for the victims is the order of the day. There has been no

safety measure, even in those attempted, CAG reports point out

malpractices.

Hence this writ petition to direct the Union Home Ministry which

sanctioned funds to tsunami relief and rehabilitation to order for a

probe into the misuse of these funds, diversion to societies

sponsored by Government of Puducherry with objective to avoid

accountability and to create a system to siphon off public money.

Hence as last resort this writ petition prays to get all the 10061

affected houses rebuilt in suitable location, spacious taking into

account the growing size of families, and to create infrastructure

needed for improving the hygiene and living conditions and also

creating modernized fish markets with clean environment.

25

LIST OF DATES

19.09.2003: High Power Committee/ State Disaster Management

Authority created

26.12.2004 Tsunami kills 599 in Karaikal and Puducherry

31.12.2004 : Relief and Rehabilitation Commissioner appointed

03.01.2005: State Level Relief and Rehabilitation Committee formed

25.01.2005: Village level Core Teams constituted

15.03.2005: State Level Empowered Committee formed.

24.07.2005: Project Implementation Agency comes up.

25.07.2005 Village Committee constituted.

IN THE HIGH COURT OF MADRAS

CIVIL ORIGINAL JURISDICTION

Writ Petition[C] No: of 2008

In the matter

N.Nandhivarman

General Secretary

Dravida Peravai

Residing at 39 Montorsier Street

Puducherry 605001

V.S.Nallusamy

Secretary

Kottucherry Nugarvoor Pathukappu Kuzhu

Kotucherry

Karaikal

Petitioners

Versus

Government of Puducherry

26

Represented by the Chief Secretary

Government of Puducherry

Beach Road

Puducherry 605001

Government of India

Represented by Union Home Secretary

New Delhi

Respondents

A PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

To

THE CHIEF JUSTICE OF THE HIGH COURT OF MADRAS AND HIS

COMPANION THE HON’BLE JUSTICE OF THE HIGH COURT OF MADRAS

Most Respectfully Sheweth:

1. The petitioners are citizens of India by birth. The first petitioner

resides from birth permanently in Puducherry. The fist petitioner is

the General Secretary of Dravida Peravai, registered as political

party with Election Commission of India. The second petitioner

permanently resides in Karaikal. The second petitioner is the

Secretary of a Consumer Forum known as Kottucherry Nugarvoor

Padhukappu Kuzhu.

2. This writ petition is moved in the public interest, in true sense in

national interest. There is no private gain and or hidden political

agenda in initiating this writ petition. This is a Public Interest

Litigation.

3. The natural calamity called Tsunami struck the coast of

Tamilnadu and Pondicherry in December 2004.Totally 27.92 lakh

27

people where affected by Tsunami in India. In Andhra Pradesh 1.96

people got affected. In Kerala 13 lakh people were affected. In

Tamilnadu 8.97 lakh people were affected. In Union Territory of

Puducherry 43, 000 people were affected by tsunami. In Andaman

and Nicobar 3.56 lakh people were affected, as per the details

published by Prime Minister’s Office. The large number of deaths

occurred in Tamilnadu, wherein 8009 people lost their lives. Next to

Tamilnadu in Andaman Nicobar islands 3513 people died. Then

comes the Union Territory of Puducherry where 599 people died in

tsunami. In Kerala 177 and in Andhra Pradesh 107 people died. This

writ petition concentrates on the Tsunami related rehabilitation

concerning the Union Territory of Puducherry.

4. The detailed reports from Prime Ministers Office available in

internet states that the total loss for country due to tsunami is

11,544.91 crores. The loss of Kerala is 2371.02 crores.The loss of

Tamilnadu stood at 4526.66 crores. The loss in the Union Territory

of Puducherry, as per Prime Minister’s Office was Rs. 466 crores.

5. The Government of India had provided Rupees 155 crores under

Rajiv Gandhi Package of Assistance for Tsunami affected persons to

meet out immediate relief, temporary housing, and financial

assistance to fishermen. This is brought out by the booklet

published by the Press Information Bureau of Government of India

on the Achievements of the United Democratic Alliance

Government: Union Territories [page 22 of Part II].

3. The petitioners wish to bring to the notice of the High Court the

record of the Public Accounts Committee of Loksabha Secretariat

where the Comptroller and Auditor Generals report No.20 of 2006

[Performance Audit] concerning Tsunami Relief and Rehabilitation

details the failure of the Union Territory of Puducherry to construct

28

houses for all affected villages and diversion of tsunami funds.

Annexure 2.

4. The petitioners point out that the report in Introduction paragraph

2 states “none of the states including Union Territory authorities

prepared the Coastal Zone Management Plan.Page 4 [audit

paragraph 5.1.2] “ In compliance with Supreme Court’s orders of

1993 Ministry of Environment and Forests constituted the National

Coastal Zone Management Authority at the Central level and the

Coastal Zone Management authorities in 13 states and UT’s under

the Environment Protection Act 1986. The states and union

territories were to prepare integrated Coastal Zone Management

plans by identifying and classifying the Coastal Regulation Zone

areas and obtain the approval of Ministry of Environment and

Forests thereto. It was however noticed in the audit that none of the

authorities had prepared the Coastal Zone Management Plan for

entire state.

5. The CAG Report page 2 clearly states [No 20 of 2006] that

Disaster Management Acts had not been enacted. The Report

states Pondicherry did not have a declared disaster management

policy. Page 4 paragraph [iii] Disaster Management Acts had not

been enacted.Pondicherry did not have a declared disaster

management policy. States like Bihar, Uttaranchal, Gujarat and

Orison had already enacted their Disaster Management Acts

“Subsequently in the Lt.Governor’s address to Puducherry

Legislative Assembly it is stated in 2008 March only that Disaster

Management Act 2005 had come into force in the Union, a State

Disaster Management Authority, District Disaster Management

Authorities and State Executive Committee/ Executive Committee/

Advisory Committee had been constituted.

29

6. In the aftermath of Maharashtra and Gujarat earthquakes various

Universities had done research and numerous scholars had

published articles on earthquake prone areas and the need to adopt

new construction techniques to reduce loss of life. In Gujarat

earthquake of January 26 of 2001, in ground reality showed that

earthquake itself killed nobody. It is the poorly constructed buildings

did. The village of Derang, with a population of 1000 people and 20

kilometers from Bhuj town, which was the epi-center of earthquake

lost no life. In Ahamadabad which is over 400 kilometers away from

the epi-center of earthquake had 1000 deaths. Similarly the

absence of Disaster Management Act and a declared Disaster

Management Policy by the Government of Union Territory of

Pondicherry, as pointed out in 2006 CAG report, caused enormous

loss of life to the tune of 599 deaths mostly in Karaikal region of the

Union Territory. The post tsunami relief operations too suffered due

to the absence of the policy.

7. The petitioners submit that a high power committee/state

disaster management authority was constituted under the

Chairmanship of the Chief Secretary to Government vide G.O Ms.No

45 dated 19.09.2003. [Annexure 3]. The petitioner points out that

even though a high power committee was constituted as far as 2003

approximately a year before tsunami struck, the lacunae as pointed

out in the Comptroller and Auditor General’s Report No 20 of 2006]

continues with even after two years in post tsunami phase it is

mentioned that there is no Disaster Management Policy. The irony of

this committee is that only in 2008 address to the Puducherry

Legislative Assembly, His Excellency Lt.Governor announces such

authority is created, thereby indicating only on paper that State

Disaster Management Authority existed from 2003 and had started

to breathe in 2008.

30

8. The petitioners submit that as soon as tsunami struck the UT

Government appoints the Development Commissioner cum

Secretary Education and Power Pondicherry as Relief and

Rehabilitation Commissioner vide Order No.19011/4/DPAR/SSI/2004

dated 31.12.2004.Annexure 4

9. The petitioners point out that the Union Territory of Pondicherry

forms a State Level Relief and Rehabilitation Committee vide

G.O.Ms.1 dated 3.1.2005. The petitioner’s points out that the first

meeting of that committee under the Chairmanship of His

Excellency the Lt.Governor and took steps to declare 22 revenue

villages as natural disaster affected villages. Annexure 5

10. The petitioners point out that there exists a High Power

Committee/ State Disaster Management Authority under the

Chairmanship of the Chief Secretary vide G.O Ms.45 dated

19.9.2003. In immediate tsunami relief the existing authority could

be have been used. Instead the UT Government appoints a Relief

and Rehabilitation Commissioner on 31.12.2005. The UT

Government creates State Level Relief and Rehabilitation

Committee on 3.1.2005 to be chaired by the Lt.Governor and to

declare 22 villages as natural disaster affected villages.

11. The petitioners point out that committee formation mania

overtook the urgency to provide immediate relief to tsunami

victims. The UT Government on 25.01.2005 dated G.O.Ms.10

constitutes Village Level Core Teams with Pondicherry Civil Service

officer as team leader. The core team is stated to be responsible for

extension and monitoring of all tsunami relief and rehabilitation

measures extended to the village hamlet. The UT Government again

on 15.3.2005 constitutes a State level Empowered Committee under

the Chairmanship of the Chief Secretary to Government for

considering the proposal received from NGO’s/ Voluntary

31

Organizations for construction of houses and other development of

habitats including community assets vide : G.O Ms 29 dated

15.03.2005 of Revenue Department. Annexure 5 and 6

12. High Level Committee/ State Disaster Management Committee

exists from 2003 with Chief Secretary as its head. In 2005 a State

Level Empowered Committee is constituted under the Chairmanship

of the same Chief Secretary for a limited purpose of considering

proposals from non governmental organizations/ voluntary

organizations to construct houses.

13. By authority given by the G.O Ms.No.46 dates 19.09.2003 a

District Disaster Management Committee under the Chairmanship of

District Magistrate is created to extend immediate relief to tsunami/

disaster affected people. Then village level core teams are created

by another G.O in 25.1.2005.

14. The petitioner points out that tsunami struck 33 villages of our

tiny union territory and to provide relief and rehabilitation for these

33 villages, committees galore, and cumbersome exercise by

passing government order after order is done to hide the fact that

instead of providing relief, the union territory administration was

busy to make it appear on paper that it is a government that works.

The petitioners humbly submit that most of the Committees were

headed by then Chief Secretary to Government Mr.C.S.Khairwal,

who had been listed by the Central Vigilance Commission as one

among the 95 facing corruption charges. The India Today report in

its web edition states “C.S.Khairwal, Secretary Tourism, Delhi “In

February 1996, Khairwal, a 1974 batch IAS officer was arrested on

corruption charges and his wealth was estimated at approximately

Rs 10 crores. This included Rs.9.7 crore in real estate and the rest in

fixed deposits, jewellery, vehicles, besides cash. According to CBI,

Khairwal made his millions when bus services in Delhi were

32

privatized and transport operators in search of lucrative routes,

bribed officials heavily. The CBI believes Khairwals’s fortunes grew

in direct proportion to the permit violations by operators.” Such a

man with track record playing into the hands of his political master

devised the technique to form numerous committees but pass the

house building to non governmental organizations.

15. The petitioner points out that the same government which

appointed a Relief and Rehabilitation Commissioner on 31.12.2004

creates a Society registered under Societies Registration Act vide

G.O.Ms.29 dated 15.03.2005 of Revenue Department. The society

called Project Implementation Agency is thus created. There is a

State Disaster Management Authority and for what purpose Project

Implementation Agency is registered as society, doubts are bound

to rise. It is crystal clear that to have no accountability over funds

and to lay free hands on funds if it is under society rather than

government department, the new agency makes its

appearance.Annexure 7

16. In Tsunami, 599 people lost their lives, almost all from Karaikal

region. The failure of the Union Territory administration to have a

single window to cater to relief and rehabilitation, orders after

orders issued, creating agency after agency, committee after

committee. The list of deceased persons and the relief the kith and

kin of the deceased got is not clear and transparent. The

Annexure8 shows names, addresses, relationship, and bank

account number, but the amount given is hidden. The reason to hide

the compensation paid as if it is a state secret is to hide the loot in

tsunami funds.

17. The extracts of the Comptroller and Auditor General Report says

: Page 9 : source and adequacy of funds : audit para : 5.2.1] states

that tsunami affected states and union territories had submitted a

33

memorandum on December 2004 –January 2005 seeking financial

assistance of Rs 11796.40 crore and 73000 M.T of rice from Union

Government for relief and rehabilitation. Recommended total

assistance of Rs 5690.81 crore i.e. 48 % of projections made by

states. Ministry of Home Affairs sanctioned in February 2005 Rs

3644.05 crore for the Tsunami affected states/ union territories as

Rajiv Gandhi Rehabilitation Package which was 64% of the funds

recommended by the Central team [Audit Para 5.2.1.2]

18. The petitioners point out that the immediate assistance of Rs

158 crores given by the Union Government had not reached the

tsunami victims but had gone elsewhere. The CAG report in page 12

iii Diversion of Funds [audit Para 5.2.4] clearly says Rest 20.65

crores on non tsunami related activities by Pondicherry

19. The petitioners point out that the Union Territory Government

says Rs 13.92 crores were spent to 5369 catamarans damaged in

tsunami. This scheme of Centre envisages full subsidy @ 32000 per

catamaran, but Puducherry Government gave only Rs 20000 each.

The remaining Rs12000 per catamaran, not given as full subsidy as

directed by the PMO, amounts to 6 crore 44 lakhs and 28 thousands.

This amount must be paid to the 5369 catamarans, retrieving the

missing money from where it went.

20.The petitioners submit that the construction of houses to tsunami

affected victims had never been the priority of the Union Territory

Government. The delegation of fishermen associations recently in

March 2008 met the Hon’ble Prime Minister, Hon’ble Home Minister

in New Delhi and presented memorandum urging the Union

Government to direct Government of Puducherry to construct

houses for tsunami victims. There has been numerous agitations in

past from 2005 to 2008 demanding houses and these are widely

reported in the media.

34

21.The petitioners point out that the CAG Report on Construction of

Houses [audit para 5.4.2] states : “ In Pondicherry through Project

Implementation Agency proposed construction of 8125 houses in 34

affected villages in Pondicherry and Karaikal regions availing World

Bank loan assistance. The number was later reduced to 7827.

Several NGO’s came forward to construct houses for the affected

with their own funds, leaving responsibility for creation of

infrastructural facilities such as earth filling, laying internal roads,

providing sanitation and water supply to the Project Implementation

Agency. 25 Memorandum of Understandings were entered into

between the Government of Puducherry and non governmental

organizations for construction of 5245 houses in 25 settlements and

creation of infrastructural facilities like anganwadi centers,

community halls and libraries. Only 197 houses were completed but

were not handed over to the beneficiaries as of August 2006.In most

cases approval of plan was pending, CAG report states. The

Lt.Governor’s customary speech before budget session of 2008

states” “ out of planned target of 7567 houses for tsunami affected

families, construction of 3018 houses have been completed and

2984 houses in good progress”. This figures are houses built by

other state governments and non governmental/ voluntary

organizations, and not by the Government of Puducherry, the

petitioners humbly submit.

22. The petitioners humbly submit that the World Bank had given

14,000 crores to construct 1, 90,000 houses in Tamilnadu and

10061 houses in the Union Territory of Puducherry. [Annexure

www.thehindubusinessline.com .9.] World Bank assistance was

there, yet the Union Territory Government did not construct the

10061 houses.

35

23.The Government of Puducherry wants to avail funds from the

Union Government for that it provides a statistics to the Prime

Minister’s Office stating 10061 houses are affected. At the same

time to the Press Information Bureau publication the Government of

Puducherry provides a statistics that 8125 houses are affected by

tsunami. Later the number gets reduced to 7827 states CAG report.

All this contradictory statements are emanating from the same

Government of Puducherry. The immediate funds from Rajiv Gandhi

Rehabilitation package 158 crores from Union Government and the

funds of the World Bank were not enough to construct the 197

houses, which only were constructed by the Government of

Puducherry. This leads to the question where all these funds went.

24.The funds were diverted towards the Puducherry Medical College

coming under a Society in the Chief Ministers constituency.This

project is a white elephant that has been swallowing the public

money with never ending thirst. This project undertaken without

cabinet approval had to be nourished diverting funds from all

possible sources. The CAG Report Page 12 [iii] Diversion of Funds :

audit paragraph 5.2.4] points to the diversion on Rs 20.65 crores on

non tsunami related activities. The Rajya sabha member and

currently Union Minister of State Mr.V.Narayanasamy, who is also

the Chairman of the Sub Committee on Tsunami Relief under the

Union Home Ministry, was presented with a complaint by the first

petitioner when the later made official visit to fact find tsunami

relief operations of all states/ union territories.[Annexure10 the

memorandum given.]

25. The Puducherry Medical College coming up without cabinet

approval even after spending public money of Rs.78 crores still

needs Rs 880 crores, as per the statements made by Chief Minister.

The Rajya Sabha member in print as well as electronic media

charged that while private medical colleges are coming up in

36

maximum Rs 200 crores, how come the Government Medical

College requires Rs 880 crores further? All the other 5 Cabinet

Ministers excluding the Chief Minister made public statements and

complained to their party high command.At the directive of the

Congress high command a Committee headed by Health Minister

Valsaraj, Education Minister M.O.H.Shahjahan, Tourism Minister

Mr.Malladi Krishna Rao , Chief Secretary, Health Secretary etc was

duly constituted by a Government order dated[Annexure 11] a

committee to probe Puducherry Medical College found prima facie

evidence over diversion of tsunami and other department funds, like

the Special Component Plan earmarked by the Planning Commission

for Scheduled Caste/ Scheduled Tribes welfare.The Committee

unanimously sought the assistance of the Central Vigilance

Commission. The Central Vigilance Commission had started the

probe and made on spot assessment and had gone back after the

preliminary enquiry. Annexure: 12: News paper clippings of Central

Vigilance Commission visit.

26. The Chief Minister’s autocratic behavior bypassing the Cabinet,

and diverting all other departmental funds to nurse his constituency

by building a Puducherry Medical College under a society and

Children’s Hospital through Health department in close vicinity to

his constituency led to the open revolt of all other 5 ministers. The 5

Ministers this year fought till last minute openly in media and stalled

the presentation of the budget by the Chief Minister till they were

sure that this year at least funds meant for their respective

departments are not reduced or diverted to nurse the Chief

Ministers constituency.

27. The Cabinet system had collapsed in the Union Territory of

Puducherry. In Supreme Court Case No: Appeal [civil] 1732 of 2008

between Panam Chand and Others versus State of Himachal

Pradesh Lordships S.B.Sinha and V.S.Sirpurkar observed

37

“Constitution of India does not envisage functioning of the

Government through the Chief Minister alone. It speaks of Council of

Ministers. The duties or functions of the Council of Ministers are

ordinarily governed by the provisions contained in the rules of

business framed under article 166 of the Constitution of India. All

governmental orders must comply with the requirements of the

statute as also the constitutional provisions. Our constitution

envisages a rule of law and not rule of men. It recognizes however

so high one may be, he is under the law and the Constitution. All

constitutional functionaries must therefore function within the

constitutional limits.” The situation in Puducherry, where all 5

cabinet minister’s have to openly revolt to get due funds for their

departments, and to stop at least this year the diversion of funds to

nurse only the Chief Minister’s constituency, necessitates this writ

petition to get houses constructed for all the 10061 tsunami

affected houses in 33 villages of the Union Territory. [Annexure13

News]

28. The petitioner’s points out that tsunami had forewarned all of us

and precautionary measures are the need of the hour. The

Loksabha Secretariat note on CAG Report In page 26, question 82, it

is stated that according to National Institute of Oceanography, the

only tsunami warning system that exists today is for the pacific

region. This system might be useful in the Pacific Ocean because of

the long travel time of tsunami waves if earthquake does occur near

the inhabited coast. Whereas in the Indian Ocean the travel time of

tsunami waves from Indonesia to India is about two and half hours.

This poses a challenging problem even with the most modern

tsunami warning system. The post tsunami promises for installing

tsunami warning systems are yet to be fulfilled. The doctrine of

promissory estoppels assures that promises made by governments

are to be fulfilled even if it is verbal. This writ is intended to seek

38

High Courts intervention to get Tsunami warning system at Karaikal

where 599 people got killed last time when tsunami struck.

29. Disasters serve as sign posts and lessons for future

preparedness. One lesson is that natural hazards like earthquakes,

cyclone, floods and tsunamis are natural agents that transform a

vulnerable human situation into a disaster. The hazards themselves

are not disasters but rather a factor causing disasters. Since

tsunami the lesson learned is the unplanned and unregulated

coastal developments have resulted in the loss of natural coastal

ecosystems and habitats have worsened the impact of tidal waves.

Ironically though lessons are learnt in India at enormous costs. The

knowledge attained from previous disasters is seldom reflected in

the overall policy plans. The lessons learnt from the Orissa cyclone

of 2000, Latur and Gujarat earthquakes of 1993 and 2001, among

others have failed in affecting a paradigm shift in the approach to

disaster mitigation. Nor have lessons been applied to cope

effectively with disaster demands of regulating society for safety,

protecting especially the vulnerable and empowering civil society

initiatives for transparency in decision making, the right to

information and the dissemination of this information to the affected

communities.

30. The honorable Members of Parliament cutting across party lines

offered funds under Member’s Local Area Development Fund to

provide Tsunami shelters in 7 villages of Puducherry and Karaikal

regions. Annexure 14G.O No 109 dated 13.09.2005. Annexure:

Karai Union Pradesam journal. These funds were not utilized to

complete all the 7 tsunami shelters even in 7 villages for which

Hon’ble Members offered funds, which shows lethargy and

dereliction of duty of the Government of Puducherry, small in size,

where two tahsildars could manage, in 33 villages a whole union

39

territory administration had failed even in basics at providing relief

and rehabilitation.

31. The Union Government had taken laudable initiatives like

centrally sponsored scheme of Integrated Afforestation and Eco-

Development Project. The Ministry of Environment and Forests in

July 2000 itself had approved the scheme for coastal shelter belt

plantation at a cost of Rest 90.32 lakhs. The main objective of the

scheme was to create a belt of trees in the coastline, which would

act as a first line defense against the effects of cyclone, storms and

heavy winds. The Government of Puducherry which got the scheme

approved in 2000 miserably failed. The CAG Report states “An

amount of Rs 20.12 lakhs was released as first installment by

Ministry of Home Affairs in 2000-2001 out of which only Rs 3.40

lakhs were spent. The unspent amount of Rs 16.72 lakhs had been

carried over each year since 2000-2001. Consequently further

installments could not be obtained from Ministry of Home Affairs,

report states in 2006. The failure of the Government of Puducherry

to implement this scheme led to increase in number of causalities in

Karaikal.

32. In November 2001 when Hurricane Michelle approached the

Cuban coast the local authorities successfully evacuated 6, 00, 000

people. Cuba had only 5 deaths. In 1997 Vietnam experienced a

disastrous cyclone Typhoon Linda with high human and economic

losses. Government agencies at every level however strengthened

their search and rescue missions. This effort resulted in tens of

thousands of evacuations. This saved more than 5000 lives. Once

typhoon abated the Government provided aid to local fishing

communities consequently and as which other events, Vietnamese

Government took policy decisions for each part of their country,

including providing food assistance and protecting residential areas.

They achieved this by strengthening the system for dykes and flood

40

diversion structures, policies to prevent and mitigate flood damage;

even the Mekong River Delta Policy was designed to prepare

measures for living with flood but minimizing the damage. The

Vietnamese Government had been successful in realistic approach

in containing flood disasters and has received wide acclaim. United

Nations awarded the Certificate of Distinction for Disaster Reduction

on October 11 of 2000, the International Day of Disaster Reduction.

The small countries could successfully reduce disasters, but

whereas the smallest state, namely Union Territory of Puducherry,

before disaster too was in slumber, it did not implement centrally

sponsored Integrated Afforestation and Eco-Development Project.

Even after tsunami wasted time in creating multiple agencies,

confusing the officials thereby delaying the relief and rehabilitation,

which is yet to be even partially addressed even after 3 years and 4

months of the disaster.

33. The petitioner wishes to state The Chief Minister’s Welfare Fund

was created by the Puducherry Government Order .Ms.No.200 dated

6th August 1980. The fund started with initial contribution of Rs 6,

13,627.20. This amount which was balance in Chief Minister’s

Cyclone Relief Fund and Chief Minister’s Welfare fund was duly

transferred by G.O.Ms.No.196 dated 28th July 1980. Annexure15] is

amended on 4th November 1987 and till date no further

amendments. In the aftermath of Tsunami, the question arose

whether funds could be transferred to Chief Ministers Welfare Fund.

It could be by due order. It could be for purposes specified in rule.

But experience shows elsewhere too as per March 14, 2008

(Mumbai) NDTV news: A Right to Information petition has revealed

that around Rs 50 crore were misused from Maharashtra's Chief

Minister's relief funds. These funds meant for calamities and

disasters were used by 402 institutions to renovate clubs and

temples instead.15 Mar 2008, Times of India Mumbai report: For

those who believed that the Chief Minister's Relief Fund was meant

41

to assist people in dire straits, here's an eye-opener — the public

money collected between 2003 and 2005 went to the organizers of

a kabaddi competition, a women's football match, a ghazal contest,

a Marathi actor's fan club and a Congress MLA's religious

congregation. These are just some of the shockers that have

emerged after activist Shailesh Gandhi filed under the Right to

Information (RTI) Act for details on how the fund was spent. The

fund, which lists assisting people trapped in natural disasters as its

sole objective, was registered with the Charity Commissioner in

1967”

It would be appropriate to note here the Puducherry Chief Minister’s

fund maintained by his Private Secretary as Member Secretary of

the Fund, got tsunami funds, which were used to provide finances to

the mega projects floated to nurse Chief Ministers constituency.

There is a need for Comptroller and Auditor’s audit of the Chief

Minister’s Welfare fund, which at present is kept out of the purview

of such audit, to escape scrutiny and to use them as per the will of

the rulers.

34. Under the Right to Information Act raised by Advocate

Kulothungam of the fishing community, the Prime Minister’s Office

replied. It stated that under Rajiv Gandhi Rehabilitation Package the

allocation made for Puducherry is 155.62 crores. These were given

for following specific purposes. Relief and Response Rs 28.03 crores.

Sustenance Allowance Rs 1.05 crores. Temporary shelters 6.04

crores. Permanent Housing Rs 50.00 crores. Relief Employment Rs

1.95 crores. Infrastructure Rs 10.35 crores. Agriculture and Animal

Husbandry Rs 1.16 crores. Assistance to fishermen Rs 63.14 crores.

Thus total of Rs 155.62 crores. The petitioners want to draw the

attention of the High Court that for Housing, specifically Rs 50

crores had been allocated by the Union Government, and

Government of Puducherry instead of constructing houses, passes

42

the burden on the shoulders of non governmental/ voluntary

organizations. The main question is where that Rs 50 crores went.

The infrastructure component as per package is just Rs 10.35

crores. That infrastructure expenses too must be spent within

tsunami affected coastal areas, not in deep interior constituency of

the Chief Minister. The funds of Rs 50 crores specially marked for

housing had been diverted to infrastructure, that too Medical college

and Children’s hospital coming in Chief Minister’ constituency. The

Administration could have gratefully acknowledged the tsunami

victims by naming Puducherry Medical College as Tsunami Medical

College, thereby at least showing gratitude to the usage of tsunami

funds by diversion.

35. Under the Right to Information Act, the replies made by Prime

Minister’s office reveal the figures during 2006-2007 under various

schemes to states/ union territories and the unspent balance as on

31.12.2006 is as follows : Funds released during 2006-2007 till

20.01.2007 is Rs 6182.09 crores. The unspent balance as on

31.12.2006 is Rs 10,640.78 crores. The Government of Puducherry

got funds to the tune of Rs 1149.00 crores but it had unspent

balance money to the tune of Rs 1212.23 crores. With so much

unspent money at its disposal, houses for 33 tsunami affected

villages has not been constructed, hence this writ petition.

35 The reply of Project Implementation agency dated 21.03.2007 to

the query under Right to Information Act raised by Advocate

Kulothungan, on the question from all sources till date how much

amount was received from all heads private and public for Tsunami

Relief the reply is Rs 105.91 crores. Tsunami struck in 2004 but in

2007 the Government states in 2007 that out of 105.91 crores, it

had spent only Rs 17.89 crores

43

All these replies are circumstantial evidence of tsunami funds

diverted to mega projects and to hide such diversions numerous

orders were passed, conflicting facts and figures are provided, and

funds diverted to Chief Minister’s Welfare Fund not subject to audit

by Comptroller and Auditor General.

36. The society called Project Implementation Agency brought out a

publication New Life after Tsunami dated November 2005.

Annexure16uducherry Government in the Chapter 14: Financial

Assistance from Government of India: “In the annual plan 2005-

2006, Rs 810 crore was approved by Planning Commission of which

Rs 100 crore allotted for infrastructure development in tsunami

affected areas.” The break up is given. The Prime Ministers Office

releases reply under RTI that out of Rs 155.62 crores for

infrastructure only Rs 10.35 crores is specifically earmarked. But the

Puducherry Government publication gives figures for Rs 100 crores;

naturally this huge amount would not go or will not reach the 33

tsunami affected villages. If these 100 crores had gone to develop

the tsunami affected 33 villages, these villages would have become

tourist spots, beautifically landscaped and will be villagers pride and

envy of other villages in inland.

37. The co-petitioner, an octogenarian sought simple information on

how much money came for tsunami relief to Karakul region where

589 out of 599 deaths quantified in whole of the UT took place, and

under Right to Information Act, he did not get the correct reply with

correct figures, hence he appealed to Central Information

Commission, which is seized of the matter. Annexure: 17

39. The Prime Minister’s Office has clean record in providing all

tsunami related information’s with regard to queries from residents

of Union Territory of Puducherry. Whereas The Union Territory of

Puducherry is withholding information, which is circumstantial

44

evidence to prove that there are grey areas in tsunami relief and

rehabilitation.

40. The Central Bureau of Investigation is doing its best to fix

corrupt officials in the Administration of the Union Territory of

Puducherry. A top level officer in charge of all INF restructure

projects and classmate of the current Chief Minister had been

served with a 2000 page charge sheet, in local court in 2008. The

long list of CBI cases against the corrupt officials of Puducherry

Administration, as on 2003 amounts to 3975 cases, some of which

are going on over 30 years. The Chief Vigilance Office statistics

available in internet is enclosed as Annexure… The petitioner wants

to point out that the list had not been updated but wantonly kept up

to 2003, in order to hide from public the growing menace of

corruption in the Union Territory. The List of Government orders and

Acts made available to public in internet in these days of e-

governance, under the web site of Law Department of Government

of Puducherry ends with 1963. Annexure….. The people had to

presume that Puducherry Government had not enacted any law or

passed any order since 1963 and had to run under pillar to post to

get information. Thus all avenues of transparency in governance

remains shut. The motive in all these inter related affairs seems to

keep corrupt officials safe in their seats and also delay for decades

their punishment in courts, whereas Central Bureau of Investigation

had done commendable jobs in filing 4000 or so cases against

corrupt officials. The Vigilance and Anti-Corruption wing of

Puducherry Police had not filed cases, which it ought to have done,

but left graft cases to be handled by CBI alone. Annexure 18:

GROUNDS

The relief from the High Court will light happiness and get homes to

the tsunami affected 10061 families and will benefit people such as

45

I a] The Disaster Management Act will be enacted in Puducherry

which will help future contingencies

[b] The wounding up of multiple agencies and societies will enable

Puducherry Administration to have a single window system under

which future calamities could be met, eliminating confusion infusing

transparency in administration, and beneficial in disaster

management and disaster mitigation.

[c] The modernization of all tsunami affected villages with erection

of warning systems and better living standards will go a long way in

beautification of fishing villages and ensuring safe environment.

II. For that all the respondent authorities are “the state” within the

meaning of Article 12 of the Constitution of India.

III. For that right to know is concomitant in Part III of the Constitution

of India as has been upheld by the Apex court consistently

IV. For that unless the Courts of the land makes it clear that

promises made to tsunami victims for housing and other

developments with safety measures against future natural disasters,

the doctrine of promissory estoppels are understood, the selective

amnesia of the rulers who forget natural disaster victims in order to

build vote banks by nursing their constituency will not come to an

end and administration activated to play a justifiable role in catering

to the victims of natural disasters within reasonable stipulated

complete the rehabilitation.

PRAYER:

46

For a writ………………calling upon the Government of Puducherry to

construct houses to all the tsunami affected 33 fishing villages and

to fully rehabilitate all families by end of 26.12.2008, the fourth year

of Tsunami attack

For any other or further writ or order or directions directing the

respondents to implement completion of house construction/

installation of tsunami warning systems/ planned modernization of

33 fishing villages creating infrastructure to safeguard against

future disasters and to recover from the mental agony of the

traumatic experiences of surviving tsunami.

For a writ…………. Directing to furnish all details of funds diverted

from tsunami relief to other non-tsunami related activities and mega

projects.

For a writ…… to monitor Completion of house construction and all

other tsunami relief operations within stipulated time frame.

For a writ to

FAILED ATTEMPT: HOW STORY ENDED

[Nandhivarman prepared this rough draft and gave to a lawyer who kept for few months and returned the papers. Then it was given to a retired judge duly paying fees, and on his advice some lawyer should file this. That lawyer thought of flattering Nandhivarman and lifted passages from Wikipedia praising Dravida Peravai, and with self boast as introduction, the petition was filed, registrar returning it seeking Election Commission registration etc and by the time it was given Rangasamy had been ousted by Congress high command. The credit to bring his ouster went to Congress high command, more particularly Mr.V.Narayanasamy]

47

TRANSPARENT PRIME MINISTERS OFFICE versus INFORMATION DENYING PONDICHERRY ADMINISTRATION.

Advocate P.Kulothungan under Right to Information Act sought details from Prime Ministers Office, which was forthcoming with

facts and figures without any hesitation. Prime Minister’s Office in its reply states that Estimated Total Package for Tsunami Relief

Rehabilitation, Reconstruction is 11,907.29 crores. Out of this, under Rajiv Gandhi Rehabilitation package total allocation is 3644.05

crores. In this package the allocation made for Pondicherry is 155.62 crores. Pondicherry had been given Rs.155.62 crores for the

following specific purposes. Relief and Response Rs28.03 crores, Sustenance Allowance Rs 1.05 crores. Temporary shelters 6.04

crores. Permanent Housing Rs.50.00 crores. Relief Employment Rs 1.95 crores. Infrastructure Rs. 10.35 crores. Agriculture and Animal Husbandry Rs 1.16 crores. Assistance to fishermen Rs 63.14 crores.

Thus total amount of Rs 155.62 crores.

Since Puducherry Government did not spend anything to housing particularly here, fishermen got agitated and staged road roko

demanding houses.The Hindu dated March 14 of 2007 and New Indian Express dated March 14 of 2007 had reported this agitation.

Prime Minister’s Office reply indicates out of total 155.62 crores exclusively for Permanent Housing Pondicherry was allocated Rs 50

crores , but Pondicherry Administration did not construct houses, hence agitation, now writ petition.

From the replies made by PMO the Funds Released during 2006-2007 under various schemes to States/UTs and Unspent Balance as

on 31.12.2006 is as follows.Funds released during 2006-2007 till 20.01.2007 is Rs 6182.09 crore. The Unspent balance as on

31.12.2006 is Rs 10,640.78 crores. Puducherry got funds to the tune of Rs 1149.00 crores but it had UNSPENT BALANCE on 31.12.2006

for Rs 1212.23 crores.Puducherry Administration had unspent money to the tune of Rs 1212.23 crores yet it did not construct

houses , hence this writ petition.

PUDUCHERRY GOVT REPLIES UNDER RTI

Advocate KULOTHUNGAN sought information under RTI. Vide letter dated 21.03.2007 the Project Director of Project Implementation

Agency provided following reply.

48

To the question from all sources till date how much amount received from all heads, private and public for Tsunami relief the reply is

105.91 crores out of which as per Puducherry Government reply the amount spent is Rs 17.89 crores. Tsunami struck in 2004 but in

2007 the Government says out of 105.91 crores we have only spent 17.89 crores.

But in the Project Implementation Agency publication New Life after Tsunami dated November 2005 the same Puducherry Government speaks about chapter 14. Financial assistance from Government of

India as follows : “ In the Annual Plan 2005-06, Rs 810.crore was approved by Planning Commission of which Rs 100 crore allotted for infrastructure development in Tsunami affected areas.” They

have given the break up for Rs.100 crores. As per PMO total amount is Rs 155.62 crores in this for INFRASTRUCTURE ONLY 10.35 crores.

There is variance in figures, and instead of just 10.35 crores for infrastructure the Puducherry Government shows 100 crores. The

current successful investigation of CBI unearthing one key officials disproportionate income and filing charge sheet running to 2000

pages, is tip of the iceberg, since in tsunami CBI had yet to probe the total loot, hence writ demands CBI probe.

HOW MUCH MONEY FOR KARAIKAL: AFTER 2 YEARS NO ANSWER.

Kottucherry Nugarvor Pathukappu Kuzhu under Right to Information Act sought details of how much funds came from Government of Puducherry, Government of India, and NGOs in between 27.12.2004 and 31.12.2005 from District Deputy Collector Karaikal on

The Deputy Collector Revenue in his reply dated 03.08.2006 had left the column financial allotment blank but had furnished details for the column disbursement to some departments but had provided both information for some departments.

On 21.09.2006 Kottucherry Nugarvor Pathukappu Kuzhu appealed to Public Information Officer, Puducherry for details. In the appeal it was pointed out that the allocation of funds is 20, 63.49,538 crore but expenses are 33, 53, 22,446 crore rupees. It also states as per newspaper reports Union Government had given 257 crores, out of which how much came to most badly affected Karaikal region.

Since no response was received within 30 days on 10.11.2006 Kottucherry Nugarvor Pathukappu Kuzhu appealed to Secretary to Government cum Public Information Officer.

State Information Commission issued summons for personal appearance on 16.05.2007 and same day passed orders stating that even after 6 months the application had not been

49

The summon to appear in person on 11.06.2007 before State Information Commission in second appeal matter was issued on 30.05.2007.

The Office of Additional Secretary Revenue in reply dated 8.6.2007 informs that appeal is not maintainable. On 16.06.2007 Kottucherry Nugarvor Pathukappu Kuzhu replied.and sent another letter asking for T.A/D.A under rule 19[8] [b] of RIA 2005.

State Information Commission issues summons dated 08.07.2007 for personal appearance on 06.08.2007.

On 31.10.2007 Kottucherry Nugarvor Pathukappu Kuzhu makes Application under rule 6[1] of Right to Information to Chief Information Commission, New Delhi. The Chief Information Commission returns application as not in proper format.

Kottucherry Nugarvor Pathukappu Kuzhu writes on 29.01.2008 to Joint Secretary /Addl Registrar Central Information Commission.

On 30.01.2008 Central Information Commission writes to Public Information Officer, Puducherry to offer his comments, marking copy to the applicant. Since no reply is made on 28.02.2008 Kottucherry Nugarvor Pathukappu Kuzhu writes to Joint Secretary Central Information Commission.

The Additional Secretary Revenue G.Thevaneethi Dhass replies to Joint Secretary Central Information Commission marking copy on 28.02.2008

Kottucherry Nugarvor Padhukappu Kuzhu again writes to Joint Secretary Central Information Commission stating within stipulated time reply had not been made. Further the crux of the issue how much funds from Government of India/Government of Puducherry and NGOs came to Karaikal remains without answer after 2 year struggle by a 77 year old senior citizen.

This proves Tsunami scandal has taken place and Government has to hide simple facts.

Houses

Chapter 12 of the Project Implementation Agency Publication titled New Life after Tsunami dated November 2005 on Construction of New Houses and Modern Habitats

“More than 10,000 houses [Pondicherry 4000+ Karaikal 6000] have been damaged either fully or partially……. Mostly fishermen community homeless.”

Chapter 4 The Magnitude of Disaster at a Glance states Houses affected in Puducherry numbers 3,901 and houses numbered in Karaikal 6,160, thereby total number of houses 10,061.

These figures in November 2005 by Government of Puducherry.

50

Joint Action Committee of Four Fishermen Village Panchayats of Oulgaret Municipality submitted proposal for selection of sites for construction of houses to His Excellency Lt.Governor M.M.Lakhera on 12.10.2005

Whereas the Controller and Auditor Generals Report No 20 of 2006 [audit para 5.4.2] page 19[d] states : In Pondicherry through Project Implementation Agency proposed construction of 8125 houses in 34 affected villages in Pondicherry and Karaikal regions availing World Bank Loan Assistance. The number was later reduced to 7827. Several NGO’s came forward to construct houses for the affected with their own funds, leaving responsibility for creation of infrastructural facilities like anganwadi centers, community halls and libraries. ONLY 197 houses were COMPLETED BUT WERE NOT HANDED OVER TO BENEFICIARIES as of AUGUST 2006.

The memorandum submitted by Centre for Fisherfolks Empowerment in a memorandum dated 20.01.2007 to Union Home Minister Shivaraj Patil states “In Puducherry region there are 15 fishing villages. Out of this, Government of Puducherry has taken steps to build houses only in 5 villages even after a lapse of 2 years that too with the help of funds provided by NGOs and the Government of Maharashtra.” The memorandum further states that Government of Puducherry had surrendered funds to the tune of approximately 200 crores. Malai Malar dated 8.03.2008 reports from New Delhi that delegation of Joint Action Committee of Puducherry Fishermen Organizations had met Hon’ble Prime Minister and given a memorandum stating out of 10,000 houses lost Puducherry Government had not constructed SINGLE HOUSE in funds provided by Union Government.

The publication by Project Implementation Agency New Life After Tsunami page 27 Chapter 12 : Construction of New houses & Modern Habitats states “ On a top priority basis the Government had to embark upon a massive construction programme covering 33 villages to resettle those affected families. To assess the nature of damage a comprehensive house to house survey was conducted in the months of January/February 2005. The extent of damages and the cost of rehabilitation were assessed so as to seek Central assistance. Accordingly an overall requirement of Rs 465.99 crores was sought for under various sectors, out of which the Housing requirement was Rs 170 crores.The Government of India in turn had sanctioned under Rajiv Gandhi Rehabilitation Package of GOI a sum of Rs 155.62 crores which included Rs.50 crores for housing sector.”

Yet Government of Puducherry which had a Public Works Department did not construct houses even in that Rs 50 crores. It sought help of various State Governments and NGOs. Another dereliction of duty by passing the responsibility to NGOs was initiated. G.O.Ms.No.29 dated 15.03.2005 was passed.

The name of NGOs and Place of construction with total number of houses is given in same chapter. Total houses 4850 the book says. The Revenue Department Report on Damages Due to Tsunami Disaster dated 9.03.2005 states the total number of houses damaged both in Karaikal and in Pondicherry is 10,061 houses. The Memorandum of Understanding is for 4850 houses. For remaining houses in spite of Rs 50 crores given specifically by GOI, no steps were taken to construct by Puducherry Government.

51

Revenue Department Details of Deceased persons in Pondicherry and Karaikal Regions is given here. The peculiarity here is persons name address and bank account number would be given, but the AMOUNT GIVEN WILL BE HIDDEN, because transparency will throw light on National Robber, yes persons who deserve national award for being national robber in a natural disaster of unimaginable magnitude.

Information downloaded from Government website will give the position of Housing as on 27.02.2006 by NGOs. NGOS engaged contractors, contractors engaged sub contractors, and the quality of houses in most cases will not withstand a decade. As Rajiv Gandhi said once in every rupee government spends only 15 paise reached people.

In a reply furnished by GOP, under RTI Act the total fund received is Rs 105.91 crores but money spent was Rs 17.89 crores, AMOUNT NOT SPENT IS 88.02 crores. Further it has given a reply for break up of 11.08 crores only even for the 17.89 crores since the officials had yet to invent a lie to tell where remaining went, into whose coffers or cupboards. RECONSTRUCTION AND REPAIR at 1.08 crore BUT PAYMENT OF SALARIES 1.09 crores PURCHASE OF VEHICLES 1.19 crores. Easy way to swallow public money is earth filling for which Rs 7.72 crores went. Thanks they have not shown expenditure to WIND CLEANING, RAIN PURIFYING etc.

SCIENTIFIC WAY TO LOOT TSUNAMI VICTIMS: PUDUCHERRY LEADS THE NATION

Disasters are broadly of two types namely avoidable and unavoidable. There has been global level awareness on Natural Disasters. United Nations Organization had designated the nineties as International Decade for Natural Disaster Reduction, International Programme Forum, The Geneva Mandate on Disaster Reduction, Geneva 1999. Over 150 member states of United Nations had signed the IDNDR Resolution calling for all nations to develop programmes to reduce loss of life, economic impact and human suffering by natural disaster through declaration, legislation, policy decisions, and actions at the highest level. The United Nations Environment Programme has identified India as one of the countries most vulnerable to sea level rise.

In the aftermath of Maharashtra and Gujarat earth quakes various Universities had done research and numerous scholars and activists like the first petitioner had published articles on earthquake prone areas and the need to adopt construction techniques to reduce loss of life. The Gujarat earthquake of January 26 of 2001, in ground reality showed that earthquake itself killed nobody. It is poorly constructed buildings did. The village of Derang with a population of 1000 and 20 kilometers from Bhujtown, which was the epi-center of the earthquake lost no life. In Ahamadabad which is over 400 kilometers away from the epicenter of the earthquake had 1000 deaths.

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The post tsunami phase too many scholars have debated, offered suggestions and media had thrown more light. I had written articles in New Indian Express on saving our coast and post tsunami measures.

The state of affairs in India is but a poor reflection of the skewed nature of disaster preparedness. It exhibits a combination of institutional structures, policies and programmes that prioritize knee jerk emergency responses and relief aid illustrating the trickle down and fire brigade approach to disaster preparedness that is centralized and bureaucratized. Little wonder therefore disaster management plans, mandatory for every state and district under National Disaster Management Act are often made without citizen involvement, left out of public domain. The focus is the government response after disaster and not disaster risk mitigation. These plans are hardly opened to public debate or even third party scrutiny after each disaster. As a result, citizens and others equally concerned in disaster prone area can neither join into either operational zing these plans or in holding authorities accountable for failing to do so. Moreover though governments usually allocate funds for emergencies these remain unutilized for disaster preparation and prevention, with held from use until a disaster actually strikes.

TIP OF ICEBERG: PUDUCHERRY EXAMPLE

Government of Pondicherry [Puducherry] in formed State level Relief and Rehabilitation Committee vide G.O Ms.No 1 dated 03.01.2005.The first meeting of that committee under Chairmanship of His Excellency The Lieutenant Governor of Pondicherry took steps to declare 22 revenue villages as natural disaster affected area. High Power Committee/State Disaster Management Authority was constituted under the Chairmanship of Chief Secretary to Government vide G.O.Ms.No.45 dated 19.09.2003.This submission in page 19 of a publication New Life after Tsunami dated November 2005 needs mention here. The G.O was passed a year before Tsunami struck, but under the Heading Post Tsunami Activities of Government, the Project Implementation Agency publication speaks about constitution of High Power Committee, after Tsunami struck.

The Development Commissioner-cum-Secretary Education & Power, Pondicherry was appointed as Relief and Rehabilitation Commissioner vide Order No.19011/4/DPAR/SS1/2004 dated 31.12.2004. District Disaster Management Committee as per above said publication was convened under the Chairmanship of District Magistrate, Pondicherry to extending immediate relief measure to disaster/tsunami affected people vide G.O.Ms.No. 46 dated 19.09.2003.Village Level Core Teams were constituted vide G.O.Ms.10 dated 25.01.2005 with PCS grade officer as Team leader. The core team is also responsible for extension and monitoring of all the relief and rehabilitation measures of being extended to the village/hamlet. State level Empowered Committee has been constituted under the Chairmanship of Chief Secretary to Government for considering the proposal received from NGOs/Voluntary Organizations for construction of houses and other development of habitats including community assets vide G.O Ms.29 dated 15.03.2005 of Revenue Department. District Level Executive Committees have been constituted with the Chairmanship of concerned Collector to supervise execution of works in the field. Project Implementation Agency has been constituted under the Society Registration Act vide G.O. Ms.No.57 dated 27.04.2005 of the Revenue

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Department for undertaking Emergency Tsunami Reconstruction Project. Village Committee has been constituted for each hamlet with the Collector as Chairman and prominent 5 villagers including local M.L.A as member vide G.O. Ms.89 dated 25.07.2005 of the Department of Revenue and Disaster Management for selection of beneficiaries in allotment of house sites. YOU ALL MUST BE CONFUSED BY NOW. Everyone knows how tiny Puducherry union territory is and for 33 villages affected by tsunami, so many agencies, committees were created but none to watch the Chief Minister’s actions.

Comments : There exists a High Power Committee/State Disaster Management Authority under the Chairmanship of the Chief Secretary, while such authority exists from G.O dated 19.09.2003 a Relief and Rehabilitation Commissioner is appointed in G.O.dated 31.12.2004 then Government registers a Society called Project Implementation Agency by G.O dated 27.04.2005.What purpose is served by creation of various agencies, instead of attending to relief and rehabilitation under existing State Disaster Management Authority. The purpose of registering a society is to have free hand over finances, which would be accountable strictly is a government department directly disposes.

There are village level core teams constituted by G.O dated 25.01.2005 but by another G.O dated 25.07.2005 village committees are constituted. Why this duplicity of committees, when in disbursal of immediate relief it was done directly from Chief Ministers Relief fund and vouchers produced to justify such disbursal through legislators.

Disasters serve as important sign posts and lessons for future preparedness. One lesson is that natural hazards like earthquakes, cyclone, floods and tsunamis are natural agents that transform a vulnerable human situation into a disaster. The hazards by themselves are not disasters but rather a factor causing a disaster. Since Tsunami the lesson learned is the realization that unplanned and unregulated coastal developments have resulted in the loss of natural coastal eco systems and habitats have worsened the impact of tidal waves. Ironically, though lessons are learnt in India at enormous costs. The knowledge attained from previous disasters is seldom reflected in the overall policy plans. The lessons learnt from the Orissa cyclone of 2000, The Latur and Gujarat earthquakes of 1993 and 2001, among others have failed in affecting a paradigm shift in the approach to disaster mitigation. Nor have lessons been applied to cope effectively with disaster demands of regulating society for safety, protecting especially the vulnerable and empowering civil society initiatives for transparency in decision making, the right to information and the dissemination of this information to the affected communities.

In November 2001 when Hurricane Michelle approached the Cuban coast, the local authorities successfully evacuated 6, 00,000 people. The reason is effective information system in place and a rapidly mobilized network of volunteers. Cuba had only 5 deaths.

But in Tsunami, Puducherry and Karaikal had 599 deaths; hence an organization demanding separate Union Territory status for Karaikal had come up, showing the public anger against ineffective prevention and precautionary measures. In post tsunami, instead of managing through single window, the Government of

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Puducherry issued Government order after order to make the Relief operation cumbersome and confuse even the administration itself.

In 1997 Vietnam experienced a disastrous cyclone Typhoon Linda with high human and economic losses. Government agencies at every level, however, strengthened their search and rescue missions. This effort resulted in tens of thousand of evacuations. This resulted in more than 5000 lives being saved. Once typhoon abated, the Government provided aid to local fishing communities. Consequently, and as which other events, Vietnamese Government took policy decisions for each and every part of their country, including providing food assistance and protecting residential areas. They achieved this by strengthening the system for dykes and flood diversion structures, policies to prevent and mitigate flood damage; even the Mekong River Delta Policy was designed to prepare measures for living with flood but minimizing the damage. The Vietnamese Government had been successful in realistic approach in containing flood disasters and has received wide acclaim. UN awarded Vietnam the Certificate of Distinction for Disaster Reduction on October 11 of 2000, the International Day for Disaster Reduction.

Puducherry Union Territory Government in contrast stands first in India, as a tiny territory that teaches the nation, on how to loot public exchequer in scientific and systematic way, hence for the Best Chief Minister awardee N.Rangasamy conferred by India Today, the punishment is not just sacking him.Let Government of India confer Most Corrupt Ratna award, creating a new award for corrupt politicians.

His Excellency The Lieutenant Governor of Puducherry 8.03.2008Copy to: Hon’ble Home Minister of India

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Respected Thiru.Mukut Mithi

Our party had given you a memorandum on February 13 th urging you to send report to the Union Government on failure of Constitution of India here in view of Hon’ble Chief Minister bypassing Cabinet and taking unilateral decisions, highlighted in public media exchanges on medical college affair .Our party again had sent memorandums on 28 th February 2008 to Hon’ble Prime Minister of India, marking copies to Hon’ble Home Minister of India and all his cabinet colleagues ,charging the Chief Minister by violating the Oath of Secrecy when he publicly attacked Chief Secretary through media, and where he violated Official Secrets Act by showing official files/notings to large number of agitating students. Again we are compelled by times to bring to your notice about a recent Supreme Court judgment dated 4 th March 2008, wherein every word in that judgment stands applicable to the prevailing situation in Puducherry.

[The decisions taken unilaterally by Chief Minister without Cabinet approval had been declared unconstitutional. The essential part of the judgment which is applicable to Puducherry situation is reproduced here below in italics]Ref: SC CASE NO.: Appeal (civil) 1732 of 2008 Petitioner: Pancham Chand and others Respondent: State of Himachal Pradesh and others Date of Judgment 4/03//2008 BENCH: S.B. SINHA & V.S. SIRPURKAR:]

17. The Act is a self contained Code. All the authorities mentioned therein are statutory authorities. They are bound by the provisions of the Act. They must act within the four corners thereof. The State, although, have a general control but such control must be exercised strictly in terms of Article 162 of the Constitution of India. Having regard to the nature and the manner of the control specified therein, it may lay down a policy. Statutory authorities are bound to act in terms thereof, but per se the same does not authorize any Minister including the Chief Minister to Act in derogation of the statutory provisions. Constitution of India does not envisage functioning of the Government through the Chief Minister alone. It speaks of Council of Ministers. The duties or functions of the Council of Ministers are ordinarily governed by the provisions contained in the Rules of Business framed under Article 166 of the Constitution of India. All governmental orders must comply with the requirements of a statute as also the constitutional provisions. Our Constitution envisages a rule of law and not rule of men. It recognizes that, how so ever high one may be, he is under law and the Constitution. All the constitutional functionaries must, therefore, function within the constitutional limits

The matter is serious. Public have right to expect that Government here functions in accordance with Constitution, otherwise the last resort will have to be Supreme Court of India. We hope you will act in accordance with Constitution and ensure rule here is in accordance with recent Supreme Court judgment.

N.NandhivarmanGeneral Secretary

[COPY FAXED TO ALL MEDIA IN CHENNAI AND NEW DELHI]

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NOURISHING VOTE BANKS IN TEMPLE LANDS:PONDY CM’s STYLE

The retired Vice Principal of Soucilabai Girls High School, who practices law after his retirement, Mr.P.Kathikeyan sought

information on temples, mutts and their properties under Right to Information Act. The reply by the Commissioner of Hindu Religious Institutions stated there are 232 temples and 11 mutts in all the 4

enclaves of the Union Territory. To the question on the properties in possession of these institutions when they were taken over under

Puducherry Hindu Religious Institutions Act 1972 and current status of properties a reply was given that after collecting data by July

2007 it will be provided, but not yet provided. Apart from this interesting story, details about planting vote banks in temple lands

on eve of elections trickled through the replies.

Just few months before last elections, The Chief Minister N.Rangasamy had ordered transfer of temple lands to lowest price

much below the prevailing market rate or the GLR value fixed by the revenue department. The requisite permission of the Lt.Governor had not been obtained, since UT Act places Lt.Governor higher in

hierarchy of the administration over the Chief Minister, unlike Chief Minister’s of full fledged states.

The reply by Hindu Religious Institution Commissioner S.Thulasiraman reveals that due to transfer of lands belonging Sri

Kamatchiamman Devasthanam Rs 3, 66, 11,752 is loss to Government. Sri Kamatchi Amman devasthanam owned 1.7250

hectares in survey number of 237 of Thattanchavady revenue village, a constituency represented by Chief Minister. The file noting

states the land of the temple had been” “unauthorisedly occupied by local people of 120 members, who were not paying rent to the

devasthanam for many decades. The file says in order to regularize the encroachments, in spite of the GLR value of 2000-2001 fixed by

Revenue Department was Rs 210 per square feet, and it was decided to part it for Rs 12.75 per square feet. List of beneficiaries

shows mostly women as beneficiaries, leaving their husbands in background to avail benefits under registration laws.

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The second instance of Sri Muthumariamman Devasthanam, Meenatchipet where Guide Line Register value of the temple land in

R.S.No 185 stood at Rs 150 per square feet. Forty two people got the 27,943 square feet at Rs 10 per square feet. The replies under

Right to Information Act admits Rs 3,66,11,572 is loss due to alienation of lands belonging to Sri Kamatchi Amman devasthanam, Rs 37,22,150 is loss to Sri Muthumari Amman devasthanam, and to Sri Ellaimuthumari Amman devasthanam, Pangur loss is Rs 18,576,

the last does not come under Chief Ministers home constituency.

P.Karthikeyan, quoting from replies he got states “ Sri Ayyanar Temple in Revenue village Mangalam of Villianur Assembly constituency the GLR value was Rs 10,000 per acre but the

Government chose to collect Rs 25,000 per acre for the 0.2892 hectares. This was on 20th January of 2005, while on 10th February

of 2005 instead of GLR rate of Rs 150 per square feet, Rs 10 is collected, because it is in the constituency represented by Chief Minister. Recently after obtaining replies under RTI, Karthikeyan

filed a case against former Chief Secretary C.S.Khairwal for causing losses to Government in the court of the Special Judge who ordered

for an enquiry by Vigilance and Anti Corruption wing which had submitted its report on April 24th confirming the charges. Political

circles here are anxiously waiting for the next step in the temple land scam.

N.Nandhivarman, General Secretary of Dravida Peravai stated “Planting vote banks in temple lands apart; having planted vote banks in private properties, where owners of private properties

could not evict encroachments even after local courts orders in clear cut terms, Chief Minister ensures safe sail for himself in elections.

Both these incidents where officials went out of their way to regularize vote bank politics of Chief Minister, is a matter which we

will take to the Election Commission of India soon”

The Founder of St.Peters English School M.J.Sundar who had been fighting for 14 years said, the same official who certifies my land as private property with patta in my name, certifies it is puramboke in

order to help encroachers get electricity and water connections.

Hon’ble Prime Minister of India Thiru.Manmohan Singh 3.4.2008

And all his Caninet Ministers and Congress Working Committee members

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Copy to: Hon’ble Leader of Opposition in Loksabha Thiru.L.K.Advani and Hon’ble Leader of Opposition in RajyasabhaThiru.Jaswant singh Comrade George Fernandes, NDA Convener

Respected Leaders

Subject: A citizen’s fight for 12 years against an M.L.A who is currently Chief Minister in a land grab case where Court judgments and eviction orders floated using stay orders obtained in dead person’s name, and the unlawful activities patronized by N.Rangasamy, the godfather of crime syndicate posing as paragon of virtue by media manipulation, needs for intervention by people with conscience regarding

The former Vice President of India B.D.Jatti, while he was the Lt.Governor can be approached even in midnight and mere mention that a citizen had come will wake him to receive the citizen and hear his grievance. He is my friend; hence I recall the value he attributed to the word citizen. In democracy a citizen is supreme, and I hope, you will rise above petty party considerations and end the anarchy and reign of terror unleashed by N.Rangasamy in power. This single real life story of the solitary fighter against the onslaughts of the Chief Minister who abuses power must awaken your conscience.

The scene begins in the II nd Additional District Magistrate’s court on 6 th August 1998, where in Case No.O.S 38/97 then M.L.A of Thattanchavady N.Rangasamy stood in the witness box to tell untruth to the Court. He was the witness to support the property grabber, who is Defense witness 1 and N.Rangasamy Defense witness 2.

The learned judge in his order states: “The deposition of the DW 1 is as vague as vagueness could be. The contention of the defendant is that he has been occupying the suit property i.e. “B” schedule property for about 13 years. There is no iota or shred of evidence in support of the case of the defendant. DW 2. Rangasamy, then M.L.A of Thattanchavady would depose as though the defendant was occupying the suit property ever since 1984 and that it was he who got water connection for the defendants hut. If that be so at least there should be documentary evidence in that connection. During cross examination, DW 1 could not state how many huts are in that R.S.number, and that he did not know the specific land number of the property in which the defendant is residing. He could also detail and describe whether the defendant was exercising his right of ownership over the suit property openly, continuously and exclusively. The mere oral evidence of DW 2 without any reference to authentic records cannot be taken as sufficient evidence to prove the possession of the defendant for over 13 years as owner. During the year 1982-83 as revealed by Ex x5 the land acquisition proceedings took place and in those proceedings nothing is shown that in R.S. No.77/1B any hut dwellers were occupying.”

The learned judge in his judgment proved Rangasamy is a liar, and that was when he was mere M.L.A. The learned judge was transferred within one week as act of vendetta by Rangasamy, one could presume and it cannot be by coincidence. The irony of the story is that Rangasamy started planting voters in his constituency by encouraging grabbing of private property over night, to ensure a safe sail in elections and build vote banks. This disease went into his head making him a man with short vision confined to nourishing his constituency alone.

This selective amnesia disease reached its peak, when he bypassed Employment exchanges and High Court directives, only to appoint his constituency youth in jobs. The answer obtained under Right to Information Act, will reveal all the jobs in the proposed Puducherry Medical College coming up in his constituency had gone only to his constituency people. Ultimately the Himalayan corruption hidden there is under Central Vigilance Commission scanner is another story, thanks to the 5 Ministers revolting against autocracy. Here the

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lawlessness and the patronage to his criminal connections taking law into their hands further gets entrenched every day while citizens are praying for wisdom to dawn on Center and party high command.

Government of Pondicherry on 22.2.1983 under section 11 of the Land Acquisition Act acquired 50 acres out of 61 acres and 5 cents for free distribution of housing plots. The remaining land not acquired to the extent of 11 acres 50 cents in Survey No 77 / 1B was handed over to Sivashankaran, Pugazh Chozhan and Raji, the owners. The revenue officials in their submission to Court along with acquisition order 4/82 dated 22.02.1983 and court order 53/ 83 dated 22.11.1993, patta, chitta, sketch etc proved that this piece of land is not puramboke, but a private property.

The learned judge cited this and said that at the time of acquisition no hutments were there. Then in a case LA OP No 53/83 in the First Additional District Judges court on 22 nd

November 1983, the question of deciding the rightful owner for apportionment of award amount came up. Thiru.A.Gandhiraj, who was Education Minister and senior aspirant to recently chosen PCC President Post, appeared in his capacity as Government Pleader, and on behalf of the Petitioners current AICC General Secretary V.Narayanasamy M.P appeared. The three petitioners Pugazhchozhan, Sivasankaran, Raju got award amount. The fact they proved their rightful ownership and got award, must be taken note of, because the game Rangasamy is going to play in this issue.

Mr.M.J.S.Sundar, a Christian who runs St.Peter’s Middle English School bought the land in R.S.No 77/IB where Rangasamy instigated trespass, grabbing had taken place, and in support of that Rangasamy deposed before Court and told untruth, for which the learned judge took honesty in his stride and unmasked Rangasamy in judgment. Dravida Peravai feels sorry to mention the victim’s religion as Christian, because while Rangasamy seeks caste clout, we felt it necessary to remind that the Party President which keeps this anti social in citadels of power is above petty considerations, for on the basis of religious affinity they had not taken cudgels against Rangasamy, who spreads caste virus in a cosmopolitan culture of Puducherry.

In the Court of I Additional District Munsif , Mr.M.J.Sundar in I.A No 3752/ 96 in O.S.No 1454 /96 obtains interim injunction against 22 all of them happen to be women, as shield to grabbers, restraining them from interfering with the property till disposal of suit. In the long legal battle on 30 th November 2002 the learned judge passed the order in which the paragraph at beginning of this letter which mentions about Rangasamy is delivered.

In this episode we have to cut short attempts to file cases where in mid stream parties passed away but their signatures forged, to delay delivery of justice, and we can pass on many such evidences to CBI, if you direct CBI to probe this land grab too. Let us come to the scene : The II ADM Court ordered to physically deliver the property to Mr.M.J.Sundar based upon the order of II Additional District Judge and the Amin of the Court along with Dhanvantrinagar Police, Village Administrative Officer of Thattanchavady entered the property to evict the encroachers and to hand over the property to Mr.M.J.Sundar, a local gangster R.Velayudam, whose name is in rowdy list and who is implicated in many cases C.P Nos 23 /96, 195/93, 31/95, 6/96, 86/96, 25/97, 29/99, Crime No 113/2000, O.C 595/2001 enters the scene, threatens Mr.M.J.Sundar, stating that it was his property and Sundar had got a wrong judgment in Court.

Meanwhile a stay was obtained in High Court in all the 22 cases. In local courts the same 22 cases is pending. The irony here is in II ADM court Puducherry 22 counters and petitions are filed on 16.6.2003 stating stay in High Court had been obtained. By telling lie the Court order to evict encroachments and hand over property to M.J.Sundar is stalled. Actually High Court grants stay in 22 cases beginning from 23.1.2004 up to March 2004. To delay 6 months to

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get stay a simple lie that High Court stay is obtained is used, all is possible under Rangasamy regime.

One Mrs.Vijayalakshmi committed suicide on 24.8.2003, her death not informed to local court nor High Court, but a stay in her name was obtained, a mysterious way of ghost signing vakalats, affidavits and getting stay, thereby proving in death also an encroacher gets relief, because some intelligent crook manipulated misleading courts.

Another party Mr.Anbazhagan whom the Court Amin went to arrest reported in II ADM Court on 17.03.2003 that Anbazhagan was not in station for past 5 years.After that a vakalat, counter and petition etc filed in local and High Court, another surprise in judicial jungle, where signatures vary thereby indicating foul play.

Another party on 23.4.2003 Angalan shifts family to France but all vakalats, petitions; counters were filed in his name here. Using forged signatures to hoodwink Courts, the original land owner to whom the property should have been handed over is made to run from pillar to posts, in order to justify encroachments made with the blessings of Rangasamy, whose untruth was unmasked in a Court judgment cited in beginning.

“In my constituency private property will be encroached, and in Court I will appear in witness box to defend encroachments”, Rangasamy can boast and even after Court orders to hand over property, will use anti socials to thwart that use influence to get stays in the name of living and dead, or even using ghosts to delay justice to a citizen, is the style of Rangasamy’s Rowdy Raj in Puducherry, historians can write.

The ultimate sinner is the Indian Prime Minister and All India Congress Committee, which is incapable to oust the King of Lust from the Chief Minister’s chair. Hell to citizens, let us make hay when tsunami strikes by allowing Rangasamy to loot public exchequer and make the union territory bankrupt seems to be the guiding principle of the day.

Long Live Democracy! Let Citizen face the music.

With RegardsYours sincerely

N.NandhivarmanGeneral Secretary

Mr.Rahul Gandhi M.P 24.03.2008General Secretary All India Congress Committee

Respected Mr.Rahul Gandhi

Subject :The Trojan Horse within Congress party which defeats its rivals throwing coalition ethics and inner party discipline into winds regarding.

We are sending a detailed report on N.Rangasamy, Chief Minister of Puducherry. As an introduction to that file we want to say few things.

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1. During last elections Congress and DMK forged an alliance, and coalition ethics demands that as Chief Minister and aspirant if voted again to power N.Rangasamy should have avoided back stabbing the chances of coalition partner DMK. But N.Rangasamy backed the AIADMK candidate in Nellithope constituency against the official coalition candidate Mr.R.V.Janakiraman, former Chief Minister.Rangasamy wanted to ensure the Former DMK Chief Minister gets defeated so that in post election scenario, he may not be in the race for Chief Ministership.

2. The Pradesh Congress Committee President P.Shanumugam, who is staunch supporter of N.Rangasamy, had all through his life promoted Mr.Chandrakasu, a former Minister, and in last elections in the home constituency of PCC President, his son-like Mr.Chandrakasu was defeated and an independent candidate won. People who do not know the villainy of N.Rangasamy would think defeat in election is common, but who financed the independent candidate and who ensured the defeat of his own party Minister Chandrakasu is a matter for AICC to probe, but we with five decades of political life know the dirty hands of the dirty mind that played this dirty game.

3. A.Anbazhagan of AIADMK could win and enter assembly again not because of his liquor lobby or criminal support but N.Rangasamy ensured that the DMK nominee there gets defeated so that AIADMK man will remain loyal to him and can be made to bark at his inner party rivals, which stands proved by the statements of Anbazhagan against the 5 cabinet ministers who are opposing the autocratic style of N.Rangasamy.

4. Your party had replaced the PCC President while I was typing this letter, a good riddance, but your replacement A.V.Subramanian lost assembly elections because of underground intrigues of N.Rangasamy. You party had given him PCC President ship as consolation prize, but your party still keeps the prime culprit and master mind of all evil designs aimed at ensuring victory only to his cronies, in whichever camp, they are, but this Trojan horse ensured in annihilating his rivals within Congress party and even in alliance parties.

5.The Puducherry Munnetra Congress leader P.Kannan, who merged his party with fanfare in your mothers presence here, waited for long to see the promises made before merger was fulfilled, and when it did not happen left the party and contested.

N.Rangasamy fielded a veteran Congressman Sabapathy as independent, to ensure he splits Congress votes, thereby making the ride easy for DMK candidate to defeat P.Kannan.We are not lamenting the defeat of Kannan, but pinpointing cross party electoral politics of Rangasamy.6.A Former Minister and Congress official candidate Theni Jayakumar was defeated in his home constituency, where a Congressman overnight was launched as independent, defeating the official candidate. It is altogether another matter that the independent M.L.A now backs Congress government.

These examples indicate that N.Rangasamy wants power not for Congress party but for himself. The AICC and Congress high command failed to see the writing on the blind wall. It turned a blind eye over this Trojan Horse and its sabotage during elections. Instead in a casteless territory a casteist was thrust as Chief Minister. He went out of the way to offer advertisements to media and created a false image of a

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simple and easily accessible man. With complete media control and manipulation he had been fooling the rest of the nation and your party high command.

The revolt of 5 Cabinet Ministers should have been an eye opener. The Intelligence bureau reports must have awakened your party from slumber. The agitations of fishermen accusing N.Rangasamy government of not even building single house must have caused your party the alarm. The periodic agitations of local bodies over denial of adequate powers and funds should have activated your high commands intervention .The Cheap Minister N.Rangasamy giving government jobs only to his constituency that too 18000 jobs for 25000 votes ensuring he alone wins, and other Congress candidates loose their seats in forthcoming polls.

In the enclosed file it would be difficult to trace events, but let me cite one example. I as Honorary President of Karaikal Union Territory Struggle Group participated in series of campaigns including a hunger strike, wherein we accused for criminals hotly chased in Tamilnadu, Karaikal and Puducherry had become safe haven. We demanded joint action by both states police. I wrote to Union Home Secretary and Tamilnadu Home Secretary. As a follow up, media reports about two gangs in Rangasamy constituency fighting to establish who are the top criminal of this Union Territory, and the confession of one gangster arrested by Tamilnadu police which appeared in media that they had kept bombs in Puducherry in various hiding places to use in gang wars. Also another weekly reports that Tamilnadu Police search assembly premises to track down wanted criminals. The godfather enjoys power posing as saint but his sins everyone knows but none dares to bare for fear of life. If anything happens to me, hope you will come to place a wreath, but don’t bury me within Puducherry, if this man of vices is in seat of power.Politics and parties are for people, and if Congress cannot discipline a tiny state, if it remains silent spectator to butchery of democracy, let future history take note of this lacunae in the moral values pursued by Congress, which encouraged a Trojan horse and Tin pot dictator.With RegardsYours sincerely

N.Nandhivarman General Secretary Dravida Peravai

Pretending as Mr.Clean, Tsunami fame N.Rangasamy now heads an All India NR Congress and let Mr.V.Narayanasamy who had

thundered on March 13 th in Pondicherry about tsunami scam recover from the red tapes petitions handed by Former Lt.Governor

of Puducherry Mr.N.N.Jha I.F.S and Former Chief Secretary of Puducherry Mr.Rakesh Bihari to the Union Government on all corrupt

and illegal governance by then Chief Minister N.Rangasamy. If he cannot trace them for valid build up of

strong case against the deserted Congress man, let him use the

complaints given to him in his official capacity by Dravida Peravai General

Secretary N.Nandhivarman who is senior in college as well as politics to

both the swamys.

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It is national shame that Congress cannot give good governance even in a tiny UT and the ostrich like Prime Minister had not acted

against even a Chief Minister of his own party in a tiny UT when complaints galore struck his eyes particularly in a national calamity.

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