Citizens' petition for action against perpetrators of the Great Rare Earths' Robbery in India

January 24, 2013

There are clear indications that an Al Capone type of robbery is ongoing in coastal regions of Tamil Nadu, Andhra Pradesh, Kerala and other regions. The context is the serious petition reported here which documents with stunning detail the gigantic loot of the precious mineral wealth of the country, depleting the thorium and related rare-earth reserves which are vital to the nation's security and developmental imperative.

These are rare earths which are vital for the nation's atomic energy programme and national security.

The entire document is being put together on this blog to make all citizens of the nation aware of the levels of corruption perpetrated.

A total of 14 Annexures, Annexures A to N are referred to in the letters of 9 January 2013 and 7 January 2013 sent on behalf of the Citizens' Welfare and Grievances Redressal Forum, of which Shri V. Sundaram, IAS (Retired) is the Managing Trustee.

Also appended are copies of three letters forwarded by the Forum to concerned officials of the State, in addition to the letters cited as Annexures.

I salute Shri V. Sundaram and the Trust of which he is the Managing Trustee,for the diligence with which the exemplary public service has been rendered true to the Fundamental Duties of Citizens enshrined in the Constitution of India.

Eternal vigilance is the prize of liberty and I hope the concerned authorities of the State responsible for safeguarding the nation's wealth for posterity, would wake up and stop the rot, while initiating firm and effective action against the perpetrators of the gargantuan Rare Earth Robbery which in one reckoning is valued at almost Rs.1 lakh crores.

I am confident that Govt. of Tamil Nadu and Govt. of India would protect, conserve and use the nation's wealth which is the primary and fundamental function of the State.

Kalyanaraman

Copy of V. Sundaram, IAS' letter dated 9 January 2013 to Tmt Sheela Balakrishnan IAS, Chief Secretary to Government of Tamil Nadu.

9-January-2013

Dear Thirumati Sheela Balakrishnan,

I am forwarding a copy of my DO Letter dated 7-January-2013, which I have sent to Thiru N.S Palaniappan IAS, Principal Secretary to Government of Tamil Nadu in the Industries Department, which speaks for itself. I request you to take immediate action in the matter to protect and safeguard the rare invaluable atomic minerals in the coastal areas of Southern Tamil Nadu.

As you can see from this letter, I have furnished exact and elaborate details regarding the large-scale loot of rare atomic minerals in the coastal areas of Southern Tamil Nadu being done with impunity and contempt for the Rule of Law, by one Vaikuntarajan of M/s V.V. Minerals and its Associated companies with the full connivance of the Geology Department, Revenue Department and Police Department. Almost all the District Collectors during the last 10 years (barring 2 or 3 spectacular and well-known exceptions), have been extending their full official co-operation, willingly or otherwise, to this known Mafia Don. Not only the State Government Departments but also all the concerned Departments of Government of India, like the Department of Atomic Energy, Department of Mines, Department of Environment and Forests have been extending their full cooperation to this unscrupulous and murderous Mafia Don in all his gigantic illicit mining and looting operations connected with extraction of Garnet, Ilmenite, Rutile, Zircon and other precious and strategic minerals.

The canker of corruption has eaten into the vitals of Public Administration at all levels in Tamil Nadu. Any rich and unscrupulous businessman can
purchase any illegal Order by paying a bribe. When you see that in order to trade or produce, you need to obtain permission from men who produce NOTHING --- when you see that ill gotten favours flow to those who deal not in goods but in favours --- When you see that men get richer by GRAFTING GRAFT upon the Government or by PULL than by honest work and our LAWS don’t protect you against them but protect them against you --- when you see that CORRUPTION ON STILTS is being rewarded and MANLY HONESTY is becoming a derided self-sacrifice, then you can declare from rooftops that your Country is DOOMED.

However, fortunately, for Tamil Nadu and for the rest of India, the Chief Minister of Tamil Nadu Selvi J. Jayalalithaa, with great perspicacity and sagacity, has shown the way to the entire country by putting down large-scale loot of granite wealth by M/s PRP Granites in Madurai District. I have no doubt that if proper facts are placed before our dynamic Chief Minister, then she would take immediate action on a war footing to put down the large-scale illicit mining depredations being carried on by the Mafia Don Vaikuntarajan in the coastal areas of Southern Tamil Nadu. I am of the view that once this matter is brought to the personal attention of our fearless Chief Minister, the Mafia Don Vaikuntarajan will meet the same sorry end as the mining gangster PRP Palanisami of M/s PRP Granites in Madurai District.

With warm regards and
Seasons Greetings,
Yours Sincerely,

V. SUNDARAM IAS (retd.)

To,
Thirumati Sheela Balakrishnan IAS
Chief Secretary,
Government of Tamil Nadu
Fort St George, Chennai 600 009.

Copy of V. Sundaram, IAS' detailed letter dated 7 January 2013 to Thiru N.S Palaniappan IAS, Principal Secretary to Government of Tamil Nadu in the Industries Ministry.

7-1-2013

Dear Thiru Palaniappan,

My Seasons Greetings to you for a Happy and Prosperous New Year 2013.

Citizens’ Welfare and Grievances Redressal Forum is a Registered Public Body rendering free service to the innocent, helpless and poor citizens and also the other harassed citizens. I am the Managing Trustee of this body and we are waging a war simultaneously against both abysmal poverty and abhorrent corruption at all levels of public administration. Thiru V. Kalyanam, formerly Personal Secretary to Mahatma Gandhi from 1943 to 1948 and formerly Personal Secretary to Lady Mountbatten in 1950 and later Secretary to Rajaji in 1959 is a Trustee of our Forum.

Article 51A of the Indian Constitution has clearly listed the Fundamental Duties of citizens. Every responsible Government Servant and every responsible citizen must be aware of this Article of the Constitution and is expected to follow it in letter and spirit. Bowing in reverential obedience to Article 51A of the Indian Constitution, I consider it my sacred and bounden duty to bring the following facts to your kind notice for immediate action to protect the strategic Atomic Mineral wealth of the country in the Districts of Thoothukudi, Thirunelveli and Kanyakumari in Tamil Nadu.

I invite your kind attention to my DO Letter dated 6-7-2012 addressed to Dr Sundaradevan IAS, your predecessor in office. I am enclosing a copy of that DO Letter, which is self explanatory, for your immediate reference (Please see Annexure – A to this Letter). In that Letter I had invited the kind attention of Dr Sundaradevan to the gigantic loot
and robbery of rare and precious atomic minerals taking place in the coastal areas of Thoothukudi, Thirunelveli and Kanya Kumari Districts in Tamil Nadu. I had indicated that this private loot is being done on an almost monopolistic basis by one family owning several companies.

I invite your kind attention to Page No: 2 of the popular Tamil Daily ‘DINAMALAR’ issue dated 1-1-2013 in which they have reported in great detail about the loot of precious atomic minerals like Garnet in M.Kalathur Village in Thottiyam Taluk in S.F. 391/3A1, 391/3B, 392/1, 3, 4, 5, 6, 7 and 8. In this DINAMALAR Report, it has been stated that M/s Nexus Corporate, a company with its Headquarters in Palayamkottai in Thirunelveli District, is constructing a factory building WITHOUT ANY AUTHORIZATION FROM THE CONCERNED AUTHORITIES. I am enclosing a copy of PAGE 2 of the DINAMALAR newspaper dated 1-1-2013 (Please see Annexure – B to this Letter). I request you to take appropriate action in this matter.

I understand that M/s Nexus Corporate is a Partnership Firm jointly owned by one V. Subramaniam, S/o Thiru S. Vaikuntarajan, owner of M/s V.V Minerals and many other Associated companies in Thoothukudi, Thirunelveli and Kanyakumari Districts AND one J. Muthurajan s/o S. Jegatheesan (younger brother of S. Vaikuntarajan). I am enclosing a copy of the concerned Partnership Deed dated 11-March-2010 (Please see Annexure – C to this Letter).

In this context I invite your kind attention to the ‘PROCEEDINGS OF THE COMMISSIONER OF GEOLOGY AND MINING i/c GUINDY, CHENNAI 600 032’, ‘PRESENT : THIRU ATUL ANAND, I.A.S.
Proc. No. 6251 / MM7/ 2010 dated 17-06-2011 (Please see Annexure – D to this Letter) in which Orders have been issued placing an extent of 3.25 Hectares of Patta Lands in M.Kalathur Village in Thottiyam Taluk in Thiruchirapalli District has been leased out to M/s Nexus Corporate. This Partnership Firm was able to get its Final Precise Area Communication Orders issued in a record time of 72 days. This Firm submitted its Application only on 5-April-2010 and succeeded in getting Final Precise Area Communication Orders issued by the Commissioner of Geology and Mining, Guindy on 22-June-2010 (vide. RC No. 6251 / MM7 / 2010). What is most intriguing is that several other Private Companies who had submitted their Applications for Mining Leases as early as in April 1993 are still kept waiting and pending in spite of specific Time-bound Orders issued by the High Court from 2000 onwards to dispose of all Mining Lease Applications on merit as per Law without any delay.

I AM MENTIONING THIS ONLY TO HIGHLIGHT THE FACT THAT M/S V.V. MINERALS AND THEIR ASSOCIATE COMPANIES ARE ALWAYS GIVEN A KNOCK-DOWN PRIORITY IN RESPECT OF ALL THEIR APPLICATIONS. What makes that Business Group the MOST FAVOURED CHILD of the Government of Tamil Nadu and the Government of India can only be verified by the CBI in New Delhi and the Special Branch (CID) of the Tamil Nadu Police!

I am also enclosing copies of 2 of my emails dated 7th November 2012 (Please see Annexure – E to this Letter) and 8th November 2012 (Please see Annexure – F to this Letter) addressed to Dr R.K Sinha, Chairman of the Atomic Energy Commission in Mumbai. They are self explanatory. I have marked copies of these e-mails to the Secretary to the Government of India in the Department of Mines, the Central Vigilance Commissioner, the Director of the CBI and above all the Comptroller and Auditor General of India. In my e-mail dated 8th of November 2012, I have invited the attention of Dr Sinha to the Gigantic Loot of Rs 96,120 Crores worth of rich Atomic Minerals carried on with the full connivance of all the Government of India and State Government servants, by a Private Mining Company called M/s V.V. Minerals in Thirunelveli District during the last decade.

The PIONEER Newspaper in New Delhi, in an explosive Editorial titled ‘MINERAL WEALTH LOOTED, Government Must Stop Illegal Export of Thorium’ in their issue dated 15th December 2012 (Please see Annexure – G to this Letter) has stated as follows: “The beach sand mining cartel in Tamil Nadu is owned by a local businessman who owns 96 out of 111 Garnet mining licences, and all 44 licences to mine Ilmenite, among others. Interestingly, in 2006 most of the heavy minerals found in beach sands, such as Ilmenite, Garnet, Zircon and Rutile were removed from the ‘Atomic Minerals’ list. Consequently, minerals that could previously only be mined by one Public Sector Undertaking --- INDIAN RARE EARTHS LIMITED --- have now become available to private mining agencies.”

The Pioneer Newspaper in the Editorial mentioned above is referring to the 100 % monopoly enjoyed by M/s V.V Minerals and their Associates in the field of exploitation of Ilmenite and 77 % monopoly in the field of exploitation of Garnet. (For fuller details relating to the ownership percentages of Mining Leases in Tamil Nadu, please refer to the Exact Data furnished in the Paragraph given below)

In my e-mail dated 7th November 2012, addressed to Dr R.K Sinha, Chairman of the Atomic Energy Commission in Mumbai, I have invited his attention to the nefarious manner in which rare minerals, such as Ilmenite, Garnet, Zircon and Rutile, found in beach sands were removed from the ‘Atomic Minerals’ List by a functionary of the Department of Atomic Energy. THIS WAS DONE WITHOUT THE NECESSARY PRIOR APPROVAL OF THE PARLIAMENT.

This issue of removal of Ilmenite, Zircon and Rutile were removed from the ‘Atomic Minerals’ List was raised in the Rajya Sabha by Thiru Venkaiya Naidu MP and other opposition MP’s. I am enclosing Copies of the Reports which appeared in THE PIONEER Newspaper on 10-December-2012 (Please see Annexure – H to this Letter) and 14-December-2012 (Please see Annexure – I to this Letter).

I have checked up the facts relating to the ownership pattern of Mining Leases of Garnet, Ilmenite, and Rutile in Tamil Nadu by accessing exact Information under the RTI Act. The following Table reveals a very shocking picture of patently discriminatory and one-sided favouritism shown to a Private Company, M/s V.V. Minerals and their Associates.

S. No.

Lessee Group Garnet, Ilmenite, Rutile etc Details of
MINING LEASES ONLY Garnet
MINING LEASES
Nos. Percentage
of ownership Nos. Percentage
of ownership
1 M/s V.V Minerals and their Associates 45 100 %
MONOPOLY 24 77 %
2 OTHERS NIL 0 % 7 23 %

GRAND TOTAL 45 31

I invite your kind attention to a very important News Report which appeared in the DHINAMALAR Tamil Daily dated 3-January-2013. I am enclosing a copy of this News Item in DHINAMALAR (Please see Annexure – J to this Letter). You can see from this Report that the MADURAI BENCH OF MADRAS HIGH COURT on 2-January-2013 HAS ISSUED A NOTICE to the Vigilance Commissioner, Director CBI, Secretary to the Government of India in the Ministry of Environment and Forests and Secretary to the Government of India in the Ministry of Mines asking them to Show Cause as to why no action has been initiated by these High Functionaries against Thiru S. Vaikuntarajan of M/s V.V. Minerals for his open public admission relating to bribing Public Servants in the Government of India at various levels for getting Environmental Clearances. This Mafia Don made his brazen ‘heroic’ confession at an Official Meeting of the CAPEXIL Meeting held on 12.11.2010 at SAVERA HOTEL, CHENNAI IN THE PRESENCE OF THE CHAIRMAN OF THE PROCESSED MINERALS AND ITS MEMBERS BY OPENLY DECLARING THAT HE HAS BEEN PURCHASING THE ENVIRONMENT CLEARANCES FROM THE CENTRAL GOVERNMENT.

I will be failing in my public duty as a former Collector of the un-bifurcated District of Thirunelveli, First Chairman of Thoothukudi Port Trust, former Rural Development Secretary, former Food and Consumer Protection Secretary, former PWD Secretary to the Government of Tamil Nadu, if I do not invite your kind attention to the nefarious and criminal activities of Vaikuntarajan of M/s V.V. Minerals and Associated Companies like large-scale gigantic illicit Mining, Export and Local Sales of rare and precious minerals like Ilmenite, Garnet, Zircon and Rutile, to the tune of Rs 96,120 Crores, raping the Mother Earth on hundreds of hectares of poromboke and patta lands in the coastal areas of Southern Tamil Nadu, that too within the NATIONAL MARINE PARK. The Revenue Department in these Districts has given thousands of Acres of public lands to Vaikuntarajan almost free of cost. In any other country such an act of crime by the public servants would have been dealt with severely under the LAW.

I am enclosing copies of 2 of the Orders issued by the Tehsildar of Radhapuram (Please see Annexures – K & L to this Letter). You can see in Annexure - K an extent of 34.35.0 Hectares of very valuable Poromboke land (with very valuable mineral deposits like Garnet, Ilmenite, Zircon and Rutile) in Irukkanthurai Village has been given on Lease to M/s V.V Minerals by the Tehsildar of Radhapuram Taluk in Thirunelveli District on 31-5-1996 for an Annual Lease value of Rs 16.74/= per Annum !! Likewise, You can see in Annexure - L an extent of 20.40.5 Hectares of very valuable Poromboke land (with very valuable mineral deposits like Garnet, Ilmenite, Zircon and Rutile) in Irukkanthurai Village has been given on Lease to M/s V.V Minerals by the Tehsildar of Radhapuram Taluk in Thirunelveli District on 14-1-1999 for an Annual Lease value of Rs 9.59/= per Annum !!! Is it possible for any average person in Radhapuram to get 34.35.0 or 20.40.5 Hectares of Poromboke land on Lease for a Lease value of Rs 16.74/= per Annum and Rs 9.59/= per Annum, respectively? If this is not public looting of Government lands officially permitted by the Tehsildar of Radhapuram and graciously overlooked by the Sub Collector / RDO at the Divisional Level and the DRO and District Collector at the District Level, then what is it? This calls for criminal investigation to be ordered by the Chief Minister to protect and safeguard Government Lands being cornered by Mafia Dons like Vaikuntarajan.

Regarding the special CRIMINAL favours shown to Vaikuntarajan by the Tehsildars, RDOs / Sub Collectors, DROs and District Collectors of Thirunelveli, Thoothukudi and Kanyakumari Districts in interminable succession during the last 15 years, I would be sending a separate and more detailed Report for appropriate and corrective action by the Government of Tamil Nadu.

Under the Mines and Minerals (Development and Regulation) Act, 1957 only MANUAL MINING IS PERMITTED. Vaikuntarajan of M/s V.V Minerals has never believed in observing any of the Rules / Regulations under the above Act or for that matter any other Act. With supreme contempt for the Rule of Law, he has been using only the Tracked POCLAIN Excavator and other heavy Earth Moving machineries for all his illicit Mining operations with the full knowledge and co-operation of the officers of the State Government and the Government of India at all levels. In particular the criminal role played by the Department of Geology and Mining in the Government of Tamil Nadu has to be noted for stringent action against the concerned officers for having permitted gross and repetitive violations of the major provisions of the above Act with contempt and impunity by Mafia Don Vaikuntarajan.

I am forwarding a copy of the Circulars issued by the Chief Controller of Mines, Nagpur, in the Government of India for your kind reference and perusal (Please see Annexure – M to this Letter). You can see that only Manual Mining is permitted in these Circulars.

I have sent more than 1,500 Letters to various public authorities and I have obtained several formidable public documents from the many State and Central Departments under Right to Information Act 2005. These will serve as irrefutable evidence to prove that very serious offences (Please see Annexure – N to this Letter) have been deliberately committed by several State and Central Government servants at various levels to illegally and unlawfully favour M/s. V.V. Minerals and their Associates in total violation of not only the relevant Central Government Acts and Rules relating to Mines and Minerals, Atomic Energy, Environmental Protection but also Articles 14, 15 and 16 of the Indian Constitution relating to FUNDAMENTAL RIGHTS OF ALL CITIZENS.

Finally, I wish to bring it to bring it to the notice of the duly constituted Tamil Nadu State Government that VAIKUNTARAJAN IS RUNNING A PARALLEL, ILLEGAL, BRUTAL AND MURDEROUS PRIVATE GOVERNMENT IN THE COASTAL AREAS OF SOUTHERN TAMIL NADU HAVING HIS OWN PRIVATE SECURITY AND CHECK POSTS. Most of the terrorized and humiliated functionaries of the Revenue, Police, Geology and Mining, Commercial Taxes Departments of the State Government and the Customs and Central Excise, Income Tax, Atomic Energy, Mines, Environment and Forests Departments in the Government of India seem to be in the regular unofficial ‘private pay’ of this Mafia Don who can only be described as an AL CAPONE OF TAMIL NADU. I am enclosing a Note on the historic Al Capone to explain the lethal significance of this AL CAPONE OF TAMIL NADU (Please see Annexure – O to this Letter).

Under the visionary and dynamic leadership of Selvi J. Jayalalithaa, Honourable Chief Minister of Tamil Nadu stern action has been taken and is being taken to put down corruption in the field of Granite Mining. Now the time has come to put down the gigantic fraud taking place in the field of mining of rare and precious Minerals in the coastal Districts of Tamil Nadu. The poor common millions of Tamil Nadu are applauding and hailing the Honourable Chief Minister for having shown the political and administrative will to put down HIMALAYAN CORRUPTION in the field of granite mining. The myriad millions of Tamil Nadu are eagerly awaiting the immediate personal intervention of Selvi J. Jayalalithaa, Honourable Chief Minister of Tamil Nadu to get themselves liberated from the vicious and cruel clutches of a mafia don like Vaikuntarajan.

Thanking you,
Yours Sincerely

V. SUNDARAM IAS (retd.)

To,
Thiru N.S PALANIAPPAN IAS
PRINCIPAL SECRETARY TO
GOVERNMENT OF TAMIL NADU
Fort St George, Chennai 600 009.

Annexures to the Thorium Petition:

Annex A