M/s.V.V.Mineral
having about 98 Lakhs tonnes of minerals
transported to factories that was legally paid royalty and obtained transport
permit since 2001. These all were
confirmed by the previous District Collector and the royalty reconciliation orders
were also passed. From the above stock,
we have still exported 58 Lakhs tonnes and have the balance about 40 Lakhs
tonnes. These accounts have been
directly verified by the central and
state government officials and that report has been submitted to the central and
state governments. The District
collector, Tirunelveli has joined hands with some of our competitors and with ulterior
motive, he has cancelled the orders issued by the pervious collector
without any powers, further he wrote to customs authorities to stop the export
without his NOC. Though we have royalty paid stock, he has pass the
said order only to give trouble to VV Mineral.
Mr.Karunakran has made a press release mentioning the above only to
damage our reputation and to help our competitors. The orders issued by the
previous collector can be changed or made correction only by the higher officials,
not by the succeeding Collector, this legal position can be even known to the
illiterate.
Does
the Mines Act or Rules confer any power to change this? If so, whether
Mr.Karunakaran is ready to explain specifically with the Section of the Act and
Rules? It is not fair to do a press release from the higher official stating that
the minerals were transported without transport permits and exported them
illegally without any basis. Truly speaking that the transport permits are not
compulsory and if any person applies for the transport permits, it should be
given – this is specifically mentioned in the lease granting order. As per our company’s request for transport
permit, the Govt. wrote a letter with some guidelines. Subsequently the Central
Govt. amended in the MMDR Act and Rules so this guidelines became
infructuous. The Commissioner of
Geology and Mining informed this legal position to the Govt. and in turn the
Govt. also sent a letter to the District Collector and other officials on 31-07-2003. Hence as on date, the
transport permit procedure is not in force in respect of major minerals.
Export of minerals does not comes under the
purview of State Government. It is only
related with the Central Govt. The
Central Govt. has already informed that the Export of minerals does not come
under the purview of MMDR Act. If the
supreme power (?) collector doesn’t
accept this, what can do we the normal people?. All of know about the condition
of our judiciary system and we can’t expect immediate justice in the country like India. Inspite of
knowing all this position, some of the higher officials have been passing such
type of illegal orders. But at last the
justice will own.
The
collector has said that he has taken the action for not having obtained the license
from the Panchayat and the High Court of Madras has ordered to fetch proper
permission with taking consideration of order issued for the other companies. A review petition is filed in this regard
before the Honourable High Court Madras.
In fact, this activities does not comes under the purview of Factories
Act and this has been declared by the competent Court, in which the District
Collector also the First Respondent. So this fact is well known to the District
Collector. The collector clearly hides
the true fact and with ill-motive, he has issued the order. The Collector
openly declared that, everyday he will issue different orders against VV
Mineral and he has said that no one can take action against him as, he is part
of government. We the normal business
company can’t do anything against the supreme power collector.
The
motive for the collector to issue a press release is that the allegation made
by the Tirunelveli district collector has been sent to us by one reporter
Mrs.Sandhya Ravishankar who is assigned work to write against us and a close
friend of the collector. We replied to
Sandhya on 20-02-17 that we planned to take criminal action against the District Collector . To prejudice the judiciary in a case pending
in the Honourable High court, the District Collector has made a report by
wantonly organizing a meeting on 14-02-17 stating that our company has illegally mined the
minerals during the period of 2001 to 2007 and that report has been virally
sent in the social media by the District Collector. This details have been known to us from some
of the reporter.
According
to law Collector can pass orders only after following the below mentioned
procedures that,
1) Collector
has to send a letter asking explanation mentioning the particular specific
allegations against us and the proposed actions to be taken against us.
2) Collector
has to furnish copy of documents to establish his allegations.
3) Collector
has to get written explanation from us.
4) Collector
if not convinced in our written explanation, or he need further details he has
to inform us in writing by giving sufficient time.
5) Before
passing order he has to give personal hearing. This guidelines have been framed
by the Honourable Supreme Court under natural justice.
But in this case, the District Collector without following
any procedures, with ulterior motive, cooked orders against us and hand over
the same at first to Sandhya Ravisankar and to his other media friends. When we know about this, our company made
decision that , why should we bather about the illegal order issued by the
collector without following any procedures that too, without receiving copy of
orders. But Mrs.Sandhya who has nexus
with Karunakaran has mailed to us. In that mail, certain questions have been
raised by her. While replying her
questions, we further added a few points regarding the allegation made by the
Tirunelveli district collector and the proposed criminal action against the
District Collector on 20.02.2017. The above details and mail can be viewed in
the blog http://vvmemp.blogspot.in/2017/02/blog-post.html.
Immediately, Sandhya discussed with his
close friend Mr.Karunakaran, District collector and direct him to send order
copy. So the district Collector issued the said order on 20.02.2017 and that
order has been sent to our company and other related companied also. We have
got the copies of the same order (1) dated 14.2.17 which was spread by District
Collector on Whatapp and (2) dated 20.2.2017 send to us. We have requested some information under RTI
Act. The collector clearly knows that the legal action can be taken against
him, if the details are provided to us under Right to information Act. So these details have not been provided or refused
to give us as of now. So we made appeal
before the Information Commission and it is now pending with them. We will go according to law and we don’t try or indulge in any overwhelming.
After Seeing the Collector’s Press release, we enquire
about the face book and whatsapp messages, none of them is not relevant to mineral sand.
But it is relating to issuance of arms license without police report and giving
one side support to some particular people etc., Since he is the Head of the
District Administration, all the sub-ordinate officials will give different complaints
and they may put signature, whatever minutes he create without following the
Act and Rules. Whether they mentioned the particular Act, Rules, Section,
Notification or any other provisions of the Act and Rules?
An
ordinary layman after reading the news in whatsapp against the District
Collector, asking that why the district collector make police complaint instead
of refuting allegations levelled against him.
Further they felt that, the FIR by District Collector shows that, he
afraid of the allegations against him should not come out. But we neglect it. Our company follows all the Act, rules and
procedures and we will never violate anything. Our competitor has formed a
specific group for spreading fake news about us. Details are available in the
blog http://vetri3337.blogspot.in/.
The nexus between our opposite gang
including IAS officers are available in http://www.beachminerals.org/video-home/
If
the collector Mr.Karunagaran issued the orders by following the procedure and law ask him to furnish the
below four details either by Whatsapp or
press release.
1) When
Collector issue notice to us mentioning specific allegation / violations
against us and the proposed action to be taken against us.
2) When
Collector furnish copy of documents supporting the specific allegation /
violations against us, ask him to list out the specific allegations against us.
3) When
Collector has submit written explanation after furnishing copy of documents.?
4) Whether
Collector replied to our letter dated 12.10.2016 asking them to inform the
enquiry date to furnish reply or to inform the date of personal hearing to
appear in person to furnish reply and explanation?
If Collector furnish the above details either by
Whatsapp or press release the ill motive for passing the illegal order will
come to light.
In
fact, we wrote a letter to the collector on 12.10.2016 by RPAD. On the above
said letter we have mentioned that, our enemy and competitor two persons spread
news in public that, the District Collector promised them to issue order
against us and hence we request on which date, we have to submit our reply. We
also specifically request to inform the personal hearing date. We are having
the postal acknowledgement duly signed by the Collectorate officials. The
Collector knows that, if he conduct personal hearing and get reply from us, he
cannot pass illegal order against us. So without getting reply and without
giving personal hearing he pass order on 9.11.2016. Will he be ready to prove that the personal
hearing has been given to us vide our letter dated 12-10-16?
As
per the Limitation Act, the order issued before 3 years cannot be reviewed or
modified or cancelled at any situation.
According to Income Tax Act, the orders mentioned before 5 years cannot
be interfered. As per the MMDR Act,
the orders issued by an officer cannot be reviewed, changed or cancelled by the same authority or
by the State Government. It can be changed or modified or cancelled only by the
Central Govt. in respect of major minerals. In our case, without any power, but
with ulterior motive and to create problems to us, the Collector pass orders
for the activities of the year 2001-2007, after 17 years, that too without
following the procedure and without hearing the party.
The
orders were immediately send to some particular media people to spread news against
us. Is it fair? Is it not punishable
under criminal law?
How
the Government order has been spread to press by Whatsapp?
Who
gave it?
Investigation
has to been made on this or not?
Mr.Vaikudarajan
has mailed to the reporter Mrs.sandhya on 20-02-17 that the criminal case will
be filed against Mr.Karunakaran, who received this mail from Sandhya on the
same day and he has wantonly create documents to defend Mr.S.Vaikundarajan proposed criminal case.
That is why he immediately issue press release.
How
did the government letter dt. 14-02-17
go to sandhya? who gave it?
Will
the collector ready to face the CBI investigation regarding this scam and the
nexus between them?
The
press release clearly indicates the nexus between the reporter Mrs.Sandhya and
the collector Mr.Karunakaran.
The
allegation report about the collector which gets posted in the social media, no
longer related to mining issues. There are not at all involved by our company
and Mr.Vaikundarajan about this news spread in the social media. The press who are not getting the
advertisement from VV Group of companies and those who needs the support from
the District Collector have given top most priority to this news.
But
the true fact for releasing the press news by the District Collector dated
23.02.2017 is that the mail which is sent to Mrs.Sandhya from Mr.Vaikundarajan
which is available in http://vvmemp.blogspot.in/2017/02/blog-post.html
This
reply and clarification has been released with the intention of bringing back
ground and fact to the people. We request all press to kindly publish this
clarification on your next issue.
With
kind regards
C.Sakthi
Ganapathy