Tsunami Swamy's Loot

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 2005-06
Tsunami 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 GOVERNANCE
DAWN 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
12
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
15
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
[Please see inside]
20
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
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
24. Annexure P-21 various petitions to Center and Lt.Governor
21
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.
52
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
53
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
54
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 8.03.2008

Copy to: Hon’ble Home Minister of India
55
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.Nandhivarman
General Secretary
[COPY FAXED TO ALL MEDIA IN CHENNAI AND NEW DELHI]
56
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.
The second instance of Sri Muthumariamman Devasthanam,

Meenatchipet where Guide Line Register value of the temple land in
57
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
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
58
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 6th 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
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.
59
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 22nd
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
get stay a simple lie that High Court stay is obtained is used, all is possible under
Rangasamy regime.
60
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 Regards
Yours sincerely
N.Nandhivarman
General Secretary
Mr.Rahul Gandhi M.P 24.03.2008

General 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.
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
61
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
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.
62
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 Regards
Yours 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.
It is national shame that Congress

cannot give good governance even in
a tiny UT and the ostrich like Prime
63
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.
64

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Tsunami Swamy&#39;s Loot

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TSUNAMI SWAMY RANGASAMY

The Loot Story of so called All India NR Congress

Dated 8 th January 2008

The Tsunami of December 2004 damaged 33 villages in the Union Territory of

There were deficiencies in identification of beneficiaries for immediate relief and

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

For example on the following: 1.Puducherry Special Economic Zone 2.Procurement

The second enclosure will be a petition dated 4 th Feb 2007 sent to

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

In the book published by Union Government on the achievements of Union Territory

While Union Government publication makes tall claims being misled by

After the ouster of Mr.N.Rangasamy from Chief Minister’s

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

Wrong swamy Rangasamy:

His Excellency The President of India

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

Dravida Peravai, registered political party active in the Union

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

Let me explain how the nepotism takes shape. There are

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

Special Economic Zone: The SEZ scheme has been earmarked

Rice Scandal: Puducherry Government is getting annually 3 lakhs

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

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

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

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

With regards yours truly

Hon'ble Prime Minister of India Thiru.Manmohan

Hon'ble Home Minster of India Thiru.Shivraj Patil

Comptroller and Auditor General of India

Copy to: His Excellency the Lt.Governor and The

Respected Constitutional Authorities.

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

Nowhere in India will democracy be replaced by lootocracy, and

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

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

In the book published by Union Government on the achievements

While Union Government publication makes tall claims being misled

Hence the most affected Karaikal region wants to separate itself

IN THE HIGH COURT OF MADRAS

Writ Petition [C] No. Of 2008

Government of Puducherry represented by

Government of India represented by

Disasters are broadly of two types namely avoidable and un

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

In Puducherry in response after tsunami is to hoodwink the public

The cabinet system of governance in Puducherry had collapsed with

Puducherry Government issued a Government order forming a

The Project Officer of the Puducherry Medical College Society,

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

The Reports of Comptroller and Auditor General had exposed the

Under Right to Information Act, public spirited persons sought

The protective measures to prevent future calamities have not been

Even after completion of 3 years and 4 months since tsunami

CIVIL ORIGINAL JURISDICTION

Writ Petition[C] No: of 2008

A PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

Most Respectfully Sheweth:

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

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

3. The natural calamity called Tsunami struck the coast of

4. The detailed reports from Prime Ministers Office available in

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

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

Tsunami Swamy's Loot

Tsunami Swamy's Loot