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Kerala High Court Issues Notice To Chief Minister Pinarayi Vijayan, Daughter Veena In CMRL Pay-Off Case
Manju Elsa Isac
18 Jun 2024 2:34 PM IST
The Kerala High Court today issued notice to Chief Minister Pinarayi Vijayan, daughter Veena Thaikandiyil and other respondents in a revision petition filed by MLA Mathew A Kuzhalnadan against the dismissal of his complaint seeking vigilance enquiry into alleged illegal financial dealings between Cochin Minerals and Rutile Limited (CMRL) and Veena's Company Exalogic Solutions.Special...
The Kerala High Court today issued notice to Chief Minister Pinarayi Vijayan, daughter Veena Thaikandiyil and other respondents in a revision petition filed by MLA Mathew A Kuzhalnadan against the dismissal of his complaint seeking vigilance enquiry into alleged illegal financial dealings between Cochin Minerals and Rutile Limited (CMRL) and Veena's Company Exalogic Solutions.
Special Judge (Vigilance) had rejected the complaint on May 06. Justice K. Babu has issued notice to all the respondents and posted the matter for hearing on July 07.
MLA Mathew A Kuzhalnadan argued that his complaint seeking action under the Prevention of Corruption Act should not have been rejected at the threshold. He stated that he was not expected to conduct a thorough investigation or verbatim reproduce in his complaint all the ingredients of the offence he is alleging.
The Special Judge had sought a report from the public prosecutor before rejecting the complaint. It is petitioner's case that the Judge should not have conducted a mini trial at this stage.
In his complaint, the MLA had alleged that CMRL made some bogus payment to Exalogic Solutions and Mrs. Veena Thaikandiyil, to obtain favours from the CM and for the smooth functioning of the company. Exalogic solutions is a one-person company with Veena Thaikandiyil, daughter of the Chief Minister, as its sole director. A monthly payment of Rs. 3,00,000 was made to Exalogic allegedly in the pretext of availing its IT and marketing consultancy. Further, an amount of Rs. 5,00,000 was monthly paid to Mrs. Veena Thaikandiyil allegedly in the pretext of engaging her as an IT and Marketing Consultant.
In 2019, Income Tax Department conducted searches at various locations of CMRL where the "bogus payments" allegedly made to Exalogic and Mrs. Veena were discovered. In the statement recorded, Managing Director of CMRL admitted that Exalogic or Mrs. Veena have not provided any work, service or software maintenance or consultancy or any forms of services to their expectations till date. During the search, the Chief Financial Officer of CMRL said that certain payments were paid to members/ functionaries of various political parties, media house, police etc. for smooth functioning their business as their raw material, ilmenite is mined by PSUs.
The District Director Management Authority Alappuzha made an order to increase the width of the spillway of the Thottapally by removing sand to prevent floods in Alappuzha especially in Kuttanad region. Kerala Minerals and Metals Limited (KMML), a public sector company, was permitted to remove mineral sand from Thottapally Spillway Pozhi Mouth. As per the agreement, KMML was to excavate the deposited sand, excavate the minerals and deposit the balance sand at the place specified by the officers. The petitioner alleges that government allowed mineral mining in the guise of disaster management. The petition further states that the dredging of the spillway has not prevented floods in subsequent monsoon. On the contrary, three years of immense mining in the ecologically sensitive zone might have had an adverse impact on the ecosystem. This was all done to bypass the longer procedure required for mining as this area is a 'Non – Development Zone as per the Costal Regulation Zone Notification, 2011. The petitioner alleges that ilmenite mined from Thottapally spillway was given to CMRL.
CMRL had entered into a join venture with Kerala State Industrial Development Corporation (KSIDC), a State government agency and India Rare Earths Limited (IREL), a govt. of India undertaking and incorporated Kerala Rare Earths and Minerals Limited in 2001. KREML had purchased 24.2688 hectares of land in Alleppy in contravention of Section 82(1)(d) of Kerala Land Reforms Act. The KREML had made representation to State Government seeking exemption under Section 81(3) of the Land Reforms Act, but the same had been rejected. However, much later in a meeting on 15.06.2002, a decision was taken to recommend the Land Board to give the exemption.
The State Government on 15.09.2004 had granted 4 mining leases in favour of KREML for extraction of mineral sand from coastal areas of State. This was later terminated on 15.09.2024. The Hon'ble Supreme Court in State of Kerala & Ors v M/s Kerala Rare Earth & Minerals Limited, cancelled the termination. Later, the Central Government notified the Atomic Mineral Concession Rules, 2016. As per the rule, no beach mineral can be mined in the country by private companies. The opinion of the Attorney General was sought to decide on cancellation of lease given to KREML in this background. The lease was cancelled only on 18.12.2023. Petitioner alleges that this delay was to wait till private parties were making an effort to have the policy changed.
It was alleged by the petitioner that these were all favours done by the Chief Minister to CRML in lieu of the payment made to Exalogic and Mrs. Veena.
The Special Judge in its decision observed that CRML can get minerals from KMML. It was not given for free. Then for the exemption granted under S. 81(3) of the Land Reforms Act, the Judge observed that on reconsidering the application as directed by the High Court, the application for exemption was rejected by the Collector. The Special Judge held that the allegation that the Chief Minister sought the opinion of Attorney General to delay the cancellation of mining leases is a stretch.
Case Name: Dr. Mathew A. Kuzhalnadan v Pinarayi Vijayan and Others
Case No: Crl. Rev. Pet. 588/2024
