Motive for the Tirunelveli District Collector Karunakaran's Press Release on 23.02.2017

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