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Aiadmk Government (2016- 2020) LARGE SCALE CORRUPTION BY CHIEF MINISTER AND THE COUNCIL OF MINISTERS OF AIADMK GOVERNMENT (2016 - 2020) - Representation by D.M.K. 1 INDEX S.NO CONTENT PAGE NO 1. REPRESENTATION 4 2. CORRUPT ACTIVITIES OF HON’BLE CHIEF MINISTER THIRU. EDAPADI K.PALANISAMI a) CORRUPTION IN AWARD OF TENDERS TO HIS 6 RELATIVES b) CORRUPTION IN FREE PDS 10 RICE SCHEME GIVEN BY THE CENTRAL GOVT c) CORRUPTION IN HIGHWAY 16 TENDERS d) DISPROPORTIONATE 20 ASSETS 3. CORRUPT ACTIVITIES OF HON’BLE DEPUTY CHIEF MINISTER THIRU. O. PANNEERSELVAM 30 a) DISPROPORTIONATE ASSETS 35 b) CONFLICT OF INTEREST, QUID PRO QUO 39 c) BRIBE PAID BY U.S. COMPANY TO EB AND PLANNING PERMISSION ETC., 2 4. CORRUPT ACTIVITIES OF HON’BLE MINISTER FOR MUNICIPAL ADMINISTRATION THIRU. S. P. VELUMANI a) LARGE SCALE CORRUPTION IN ALLOTTING CONTRACTS TO 41 HIS BENAMIES 47 b) FIXATION OF LED LAMPS 5. CORRUPT ACTIVITIES OF HON’BLE MINISTER FOR ELECTRICITY THIRU. P. THANGAMANI 54 a) IMPORT OF COAL b) BID QUALIFICATION 56 REQUIREMENT (BQR) & INAPPROPRIATE PRICE MANAGEMENT 57 c) CONTRACT MANAGEMENT FOR IMPORT OF COAL 58 d) IMPORT OF LOW-GRADE COAL 60 e) EID PARRY CONTRACT 62 f) CORRUPTION IN PURCHASE OF SPARE PARTS - M/s. BHEL (BHARATH HEAVY ELECTRICALS LIMITED) 65 g) CORRUPTION IN WIND ENERGY- IBPIL 3 6. CORRUPT ACTIVITIES OF HON’BLE MINISTER FOR FOOD 67 AND CIVIL SUPPLIES THIRU. R. KAMARAJ 7. CORRUPT ACTIVITIES OF HON’BLE MINISTER FOR HEALTH 70 THIRU. DR. C. VIJAYA BHASKAR 8. CORRUPT ACTIVITIES OF HON’BLE MINISTER FOR 72 REVENUE THIRU. R. B. UDHAYAKUMAR 9. CORRUPT ACTIVITIES OF HON’BLE FISHERIES MINISTER 82 MR.D.JAYAKUMAR 10. CONCLUSION 97 4 Date : 22-12-2020. To Hon’ble Governor, State of Tamil Nadu Governor’s Secretariat, Raj Bhavan, Chennai – 600 022 [email protected] Your Excellency, Vanakkam. Sub : Representation against the Council of Ministers, Government of Tamil Nadu for corruption, abuse of public office and obstruction of justice and other criminal offences 1. We are sending this representation in light of the continued obstruction of legal proceedings by the Council of Ministers of the Government of Tamil Nadu by influencing the Police Department, the Directorate of Vigilance and Anti- Corruption and the State Vigilance Commission in order to prevent registration of First Information Report (F.I.R) and thereafter, any impartial and fair investigation into allegations of corruption against them. 2. While doing so, the Council of Ministers, led by the Hon’ble Chief Minister, have continued to exert undue influence on public servants in order to stop them from taking action against organized plunder of the public exchequer. As such, these actions have broken the backbone of the principle of accountability, which is enshrined in the Constitution of India, various statutory enactments, 5 the diktats of the Hon’ble Supreme Court of India (notably, in Vineet Narain - vs.- Union of India) and the Hon’ble High Courts. 3. As your Excellency is the head of the Executive of the State, a constitutional duty is cast upon you to ensure the probity and integrity of the Council of Ministers, upon whose aid and advice the Government of the State is conducted. At present, the police and vigilance authorities and also, the prosecution is directly under the control and supervision of the Council of Ministers, particularly the Hon’ble Chief Minister, to whom all of the heads of the aforementioned departments report. 4. In summary, these are cogent allegations of serious and cognizable criminal offences, which are being levelled against the members of the Council of Ministers. A bare reading of these allegations would reveal and establish prima facie cases of acts of corruption, accumulation of assets disproportionate to known sources of income and other offences punishable under the Prevention of Corruption Act 2018, unlawfully influencing commercial tenders leading to breach of Transparency in Tenders Rules 2000, misappropriation of public funds, criminal breach of trust as a public servant and other offences under the Indian Penal Code 1860, etc., are detailed in this Representation, for your knowledge and swift action. 5. So far, the DravidaMunnetraKazhagam (“DMK”), through its Organziation Secretary, Thiru. R.S. Bharathi (Member of Parliament) has filed complaints against seven Ministers namely, Mr. Edapadi K Palanisami, Mr. O.Paneerselvam, Mr. P. Thangamani, Mr. S.P. Velumani, Dr. C. Vijayabhaskar and Mr. R. B. Udhayakumar. Similarly, Mr. Appavu ex-MLA had filed a complaint against Thiru.R. Kamaraj. Furthermore, Mr. S. Sudharsanam MLA and Mr. Tha. Mo. Anbarasan MLA (both, belonging to the DMK) have filed complaints with regard to the corruption in procurement of walkie-talkies and bribes paid by Cognizant Technology Solutions. 6. In spite of our actions in bringing these allegations along with specific and verifiable details to the information of the law enforcement agencies, there has been little or no progress in terms of registration of FIR or conduct of an independent and reliable investigation. As such, we have reasons to believe that the Council of Ministers is preventing the law from taking its course and that this is a further and more serious criminal act being coordinated under the leadership of Mr. Edapadi K. Palanisami. 7. Therefore, we submit a compilation of these complaints in the hope that you, as the Head of the Executive, will initiate enquiry, insulate the law enforcement agencies from external influence and establish the rule of law in the State of Tamil Nadu: 6 I. HON’BLE CHIEF MINISTER THIRU. EDAPADI K. PALANISAMI A. CORRUPTION IN AWARD OF TENDERS TO HIS RELATIVES 1. A complaint was given by Thiru. R. S. Bharathi, MP on 13.06.2018 against the Chief Minister to the Director, Directorate of Vigilance and Anti-Corruption. No action was taken by the Directorate, forcing Thiru. Bharathi to approach the Hon’ble High Court in Crl. OP. No. 20711 of 2018. 2. The Directorate which did not show any inclination to investigate the complaint showed unusual alacrity at the instance of the Minister and closed the complaint without registering any First Information Report and examining witnesses during the pendency of the petition before the Hon’ble High Court. 3. The Hon’ble High Court allowed the petition filed by Thiru. Bharathi and transferred investigation of the complaint to the Central Bureau of Investigation. Even while the Minister himself has obtained a stay of the Hon’ble High Court’s order from the Hon’ble Supreme Court in SLP (Crl.) No. 9548 of 2018, the Directorate of Vigilance and Anti-Corruption, at the instance of the Minister, has also been forced to file a separate petition in SLP (Crl.) No. 9005 of 2018 in order to shield the Minister from liability. 4. The gist of the allegations in the complaint is as follows: 7 a) Thiru. Edapadi. K. Palanisamy, being a public servant, entered into a criminal conspiracy with Chandrakanth Ramalingam, P. Subramaniam, P.Nagarrajan, J.Sekar @Sekar Reddy and the firms, M/s Ramalingam & Company, SPK an Company Expressway Private Limited, and Balaji Toll Ways (Madurai) Private Limited, abused his official Position as Chief Minister and Minister for Highways and Minor Ports and thereby committed criminal misconduct, obtained undue pecuniary advantage for himself and thus committed offences punishable under Section 120-B of IPC and 13(1) (d) r/w 13(2) of the Prevention of Corruption Act, 1988. b) Thiru. Palanisami was the Highways Minister during the period from 2011 to 2016 when late Selvi. J. Jayalalitha was the Chief Minister. As Highways Minister, he had control over the award of Government contracts for laying roads under the Highways Department. c) The above contracts have been awarded to these two firms at an inflated rate thereby causing undue pecuniary advantage to them only because the two firms are controlled by persons who are closely related to Thiru. Palanisami’s son Mithun. The modus, it appears is to eliminate and dissuade all eligible contractors from participating in the bid by adopting intimidating tactics. 8 ORIGINAL INCREASED PROJECT CONTRACTORS PROJECT PROJECT S.NO. DETAILS INFORMATION VALUE VALUE 1. SH- 37 M/s Ramalingam & co Rs. Rs. 1515 stretch of ownedby one 713.34 crores highway ChandrakanthRamalinga Crores from Oddan m who is related to Shri chatram- EdapadiK.Palanisamy Dharmapura through his son mAvinashipa Mr.Mithun layam Total kms:- 37- 400 to 108- 400 stretch 70.20 kms 2. SH-39 Venkatachalapathy Rs.407. Rs. 720 stretch of Constructions owned by 6 crores crores highway P. Subramaniam who is with with fromThirunel the direct in law of Shri additiona additional veliSengottai EdapadiK.PalanisamyAp l cash cash grant - Kollam art from Subramaniam grant of of Rs. 180 Total kms:- the other partner in this Rs. Crores 5.000kms to firm is one S. Nagarajan 179.94 50.600 kms who own SPK & Crores stretch is Company Expressway 45.64 kms Private Ltd. 3. Four laning Shri. Balaji Toll ways Rs. 200 Additional Rs. of Madurai private Limited. P. Crores 18.57 crores ring road Subramaniam ( in-law of by a G.O. Shri.EdapadiK.Palanisam dated y)S. Nagarajan (Benami 16.05.2018 of Palanisamy) J. Sekar @ Sekar Reddy are the directors of this firm. 9 4. Six laning of SPK & Company Rs. 200/- Vandalur – Expressway Private crores Walajabad Ltd.owned by S. from 47.000 Nagarajan (benami of to 63.800 Edapadi. K. Palanisamy) kms 5. Maintainanc SPK & Company Rs. e of all Expressway Private 2000 StateHighwa Ltd.owned by S. crores ys roads in Nagarajan (benami of Ramanathap Edapadi. K. uram,Thiruv Palanisamy)the project allur,Krishna was subsequently sub- giriand contractedto Virudhunaga Venkatachalapathy and r districts. Company owned byP. Subramaniam who is the direct in law of Shri EdapadiK.Palanisamy 10 B.
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