Gajalakshmi Paramasivam – 05October  2015

Drums of Sri Lankan War!

The caption in Tamil on the banner reads “Let the people’s revolution explode! Let independent Tamil Eelam blossom!”

I was writing my article yesterday on the basis of the UN Human Rights Council Resolution in relation to Sri Lanka and the response from Professor Francis A. Boyle to my article, when my attention was drawn to problems in Vaddukoddai – where the first Political Declaration of Independent Tamil Eelam was made. I was conscious that I had to attend the Memorial Ceremony of my cousin-in-law Mr Thillayampalam BALASUBRAMANIAM – of  Sangarathai-Vaddukoddai origin – here in Sydney. I was a bit upset that some members of our family who did visit Sangarathai-Vaddukoddai area did not visit our family temple and our School of Human Values at Thunaivi – on the other side of the road.  Our Cousin Vathanee Sri Premkumar of Canada who with her husband does go to our Family temple when she is in Sri Lanka,  rang to thank me for the Holy Ash from that temple. Sri Premkumar passed away 6 months back but Vathanee continues to uphold the value of their life together. Our family temple is part of that life and hence our stronger bondage. Later yesterday, the guy who coordinated the ‘Service’ called to confirm that Vathanee had personally spoken to him, thanked him and assured him that she would, in person meet up with his family when she next went to Sri Lanka. I thanked Sri Premkumar from my heart for  making this connection possible. To me that was true continuing Memorial Service to value those who have given meaning to my life and those who have passed away before me.

During the day,  came other calls and discussions regarding our work in Thunaivi-a toddy tapper village in Vaddukoddai which continues to manifest negligence by Government and hence the assumption of Equal status – to have their way. That problem ended up on the table of  Vaddukoddai  Police, after that guy threatened to damage our temple. I wrote my Witness Statement and with the other side withdrawing his complaint against me. Later I received email from a Sri Lankan Diaspora leader with the subject title ‘Yahapalanaya (Good Governance as per my understanding) gift to the nation’ with the above picture of war-drums. Both side failures to address the issues in Vaddukoddai and/or to provide support to one who is -  is confirmed by my Witness statement to the Vaddukoddai Police – (Appendix with English Subtitles). The plight of Australian Tamil Management Service is also the true plight of  any Diaspora member working in that area in war-reconstruction work – without the apparent support of the Government. When it is ‘foreign’ elements – including the UN which is foreign to the folks of Vaddukoddai – who live in their own ‘free-world’ one needs to double the difficulties and that would project an exponential ‘loss’. Exponential due to damage to the natural pathways developed by the folks of Vaddukoddai – through their own karma. This includes caste based positives as well as negatives. Caste based positives are that the young ones who believe in their elders who took their job-based positions within the local hierarchy would learn by accepting such positions through their belief in their family and to the extent their elders had their earned places in the higher caste structures. Our coordinator Mr. Jeevarasa’s grandfather Mr. Arumugam was part of my father in law Mr. Nallathamby Subramaniam’s household as a general laborer. When I first met Arumugam in Thunaivi he shared with me experiences in that household – which my husband did not know about. To the extent Mr.Jeevarasa believes in his grandfather and invokes his blessings – AND I do likewise invoke my father in law’s blessings, Mr. Jeevarasa  would merge naturally with my work-structures and I with his. This confirms that during the caste system – in that area – there was good order and this is needed in areas of Northern Sri Lanka to preserve Tradition. Such mergers would naturally prevent reverse discrimination like the guy who ‘expected’ me to accept shoddy work by threatening damage to our property. It would also sideline those who abuse the caste-system – the workings of which is largely hearsay to those outside the Jaffna Tamil Community.

War, like the above problem – can surface again in Sri Lanka. But to the extent we know the real causes that affected US during the war – we would protect ourselves from the ill effects of the next war and would also contribute to escalating the war to the higher level instead of dealing with it at the primary level which is becoming more and more barbaric due to LTTE empowering the likes of the young guys in Thunaivi who promise destruction if we do not oblige their expectations – expectations raised by members of the Diaspora – such as the ones who raised the flag with the words ‘“Let the people’s revolution explode! Let independent Tamil Eelam blossom!”. Their protégé  in Thunaivi  raised it at about the same time as his Diaspora ‘free-fund’ providers raised it in France!  Now that France has accepted these guys as part of  itself – it has the Responsibility to prevent such infection affecting the already wounded Human Minds and Human Values in Sri Lanka. When that DUTY is fulfilled by ‘foreign’ governments – there would be no need for ‘hybrid’ anything to invade Sri Lanka. The above Thunaivi rebel – asked me last time to bring him a laptop next time as a present to his partner. I declined saying that when his partner was facilitated to learn to use the computer at our Training Center she wasted the opportunity to watch Tamil movies!!!! using the CD drive.! But there are others who would oblige and spoil their mind orders to live off welfare.  One who loves Eelam – would work to preserve its dignity.

Soon it would be Saraswathee Poojah – time – a period dedicated to raising our thought-order about Holy Mother from Kali, through Lakshmi to Saraswathee – from Courage at emotional level, through Balance at Business level to Education and Policy level. This guy is a typical example of confusion between labor work and Business order. His cousins in France – are worse because they have elevated themselves to Policy level by cheaply buying the votes of these young and the restless who desire ‘quick status at policy level’ by throwing their leftovers to these lazy bones who immerse themselves in pleasures instead of working for their joys and sacrificing for their happiness.

My analysis below is intended to educate each participant to take their earned position in this issue – so we could manage any war that may happen for better or for worse. We who claim status as educated community – have the duty to use our knowledge and not stagnate at statistical level – majority vote by one side and numbers dead on the other. Not many have invested in why? This means they do not really care in preventing war but by spending time excessively on finding fault with the other side leaders – they have neglected their own learning abilities.

The paper below is raw in terms of style – due to lack of resource – my time and my brain . But it examines as to how the forces of karma would influence the war in its next life. They say in my Hindu tradition that the only relatives who come with us to the grave our sins and virtues  (Paavam and Punniyam).   These two merge naturally without our direct or indirect control. They are the Satan and the Lord in us. When we raise statistics to knowledge level – using One measure – we would qualify to use the intellectual pathway. As Swami Sai Baba says - Education would therefore be valuable to us in life itself – instead of just for a living. The brain has the capacity to connect to others beyond the seen and the heard. Hence common theories and laws. Those driven by emotions first – end up losing this higher value. But if they include themselves humbly through belief - with someone who is wise – that belief which confirms Truth – would give them the mind-order they need in the environment common to both. But the lesser investor needs to be humble to learn and not be hasty to jump up and lead.   By excessive handouts – Western countries have empowered these young migrants to take policy places in the footsteps of LTTE. Had LTTE limited itself to military activities and submitted the outcomes to the Political leadership of Tamils – we would have been the real victors and I believe that that way we would have starved the Rajapaksa clan of its desire for war-mongering.  LTTE and Rajapaksa regime are two peas in the one pod infested with Satan power. The analysis below is submitted to all genuine learners beyond time and place limits.   

Subject Matter

On 02 October 2015, the Birth Anniversary of Gandhi, UN Human Rights Council adopted the following resolution in relation to Sri Lanka:

Action on Resolution under Agenda Item 2 on the Annual Report of the United Nations High Commissioner for Human Rights

[In a resolution (A_HRC_30_L.29) on promoting reconciliation, accountability and human rights in Sri Lanka, adopted without a vote, the Council encouraged the Government of Sri Lanka to investigate all alleged attacks by individuals and groups on journalists, human rights defenders, members of religious minority groups and other members of civil society; and requested the Office of the High Commissioner to continue to assess progress on the implementation of its recommendations and other relevant processes related to reconciliation, accountability and human rights, and to present an oral update to the Human Rights Council at its thirty-second session, and a comprehensive report followed by discussion on the implementation of the present resolution at its thirty-fourth session.]

The key words are ‘reconciliation, accountability and human rights’ . There is no mention of TRUTH and rightly so. Each individual’s Truth is enough for that individual’s harmony with her/himself – which is the ultimate goal of life. When we give form to our Truth as we do in a Court of Law – the above three  Subject Matters would read in the order -  ‘Human Rights, Accountability and Reconciliation’.  The UN has confirmed its Theory and until we Sri Lankans are able to identify with it – we are not part of the UN Theory – even though the Sri Lankan Government has cosponsored the American recommendation  that led to the above UN Resolution. We Sri Lankans need to ‘take’ our true position in this and make our Truth known through this process. Truth will bring us together if our priority is in the order ‘Human Rights, Accountability and Reconciliation’.  That I believe was how Gandhi defeated the British Empire.  

When we express bottom-up on the basis of our Truth, the Form would naturally ‘merge’ with the official system to the extent of our ‘ownership-investment’ with in a particular official system. Ownership investment is investment made of our own free will and without consciously expecting current benefits.  The rest of that official system is mere theory for most of us and is job-investment for some of us. Work done for current benefits is job related, even when it is Policy related. Invisible sacrifice leading to Belief without any apparent work on the other  hand is Ownership-Investment. This was the major component of Gandhi’s contribution to Independence – through his sense of belonging with those who needed to uphold their self-dignity as human beings.

Middleclass Mentality

Professor Francis A. Boyle of University of Illinois College of Law, forwarded in response to my communication headed ‘Victims’ Justice Before Victor’s Justice’ http://austms.blogspot.com.au/  his assessment as follows:

[UNHRC resolution, a cover-up for Colombo's genocide against Eelam Tamils: Boyle

[TamilNet, Friday, 02 October 2015, 20:49 GMT]

Accusing that the sponsor states of the UNHRC resolution on Sri Lanka, the States that voted for the Resolution, and the UN Human Rights Council itself have “all become Accessories after the Fact to Sri Lanka’s Genocide, Crimes against Humanity and War Crimes against the Eelam Tamils,” Professor Francis Boyle, an expert in international law and a professor at the College of Law, University of Illinois, said that the “Resolution calls for nothing more than the Genocidal Sri Lanka to set up a Domestic “Judicial” Mechanism dressed up with a transparent fig-leaf of international participation in order to cover-up and do damage control and damage limitation for the GOSL Genocide against the Eelam Tamils,” adding that “[h]istory teaches that this GOSL Domestic Mechanism will fail,” and “Genocide against Eelam Tamils will recur.”]

In contrast – an Australian Tamil Medical Professor responded as follows to the same article forwarded by me as part of a discussion on Mr. Wigneswaran – also a law expert by previous position and currently the Chief Minister of Northern Province of Sri Lanka,  who also makes claims similar to those of Professor Francis Boyle:

[Subject: RE: [தமிழ்_ஆராய்ச்சி]: Fw: Wigneswaran lashes out at concentration of power in his party

Please stick to the point in question?????]

Professor Boyle’s reasoning in relation to Colombo Cover up would apply to the Tamil Professor also. That is the ‘middle-class mentality’ of  ‘joining the majority bandwagon’ when the drive for individuality is weakened. They are usually caught between the Theory Devil and the Sea of Truth. Those who retire from active work and live off their past status – tend to become this ‘idle middleclass’.

Academic Skills

Professor Boyle on the other hand continues to be active in his own field of expertise. As per Wikipedia:

[Boyle further stated that "Native Hawaiians operate in accordance with the Aloha spirit, which is similar to Mahatma Gandhi's Satyagraha force, and I take the position that if Gandhi can throw the mighty British Empire out of India with Satyagraha, Native Hawaiians can throw the mighty American empire out of Hawaii with Aloha." In a 2008 interview, Boyle restated his confidence that Hawaii will eventually achieve independence from the United States]

The way Professor Boyle would interpret the American led UN Resolution would tend to be ‘academic’. When information is given, taken, shared – it is at skills level and is measured through merit – as in grades. As a law expert Professor Boyle would score higher grades than Gandhi on ‘skills’  basis. It is also the parallel of the contribution by the current UN Human Rights Commissioner to the Sri Lankan issue.

Relevance to LTTE followers

During the past week we have been working through our own parallel of this ‘skills-only’ measurement problem  in the village of Thunaivi – in Northern Sri Lanka, with someone who has inherited the LTTE genes of using Technical skills to elevate himself to Business level and beyond to Policy level!

The guy was asked to provide a quote back in 2013 when we built the boundary walls. That part of the job was for grills to sit on top of the half walls. Back then he was working for someone else but was afforded the opportunity because he was a native of Thunaivi by residence. Majority in the village of Thunaivi are of Toddy Tapper lineage. This particular person is a member of minority migrant community. Our family is of Sangarathai-Thunaivi twin village through our Belief in our Family Temple. We continued to maintain the Temple even after we left Sri Lanka. Others would ‘use’ the temple for their respective purposes – but no one else outside our immediate family had enough belief to make ownership investment. The test of relevance was whether to those folks this ‘local’ but small temple was of higher value than the bigger and more famous Sangarathai PathraKali Amman temple 10 minutes away on the other side of the Road – that is one of Thunaivi borders.  The Bigger temple is patronized by higher caste Tamils using ‘Traditional’ pathways. When festival in the Bigger temple began – the folks of Thunaivi went there as a priority. The caretaker of our family temple until I started living there – is also of higher caste and part of the management group of the Sangarathai PathraKali Amman temple. I realized that during festival times our little temple was neglected by not only the caretaker but also the folks of Thunaivi. Only one person prayed every morning without fail. As per my inner feelings – I stopped my regular visits to Sangarathai PathraKali Amman temple but merged Her with our local form of the Deities – Vairavar-Kali. To my mind, in relation to Thamil Eelam issue - Sangarathai PathraKali Amman temple is Tamil Nadu and Thunaivi Vairavar-Kali temple is Tamil Eelam. Former is Big Theory and latter is Reality for Thunaivi folks. Both are Truth to me. As a result we ended up employing the most famous Priest of   Sangarathai PathraKali Amman – Radha Iyer and it happened during Navaraathri – the 9 day festival of education to honor Goddess Saraswathee. Not many of my Vaddukoddai folks come to Thunaivi – due to the past Separations on caste basis. Having resided there I do appreciate that such is not for the average. But the Best known Priest of  Vaddukoddai coming as our Priest during Saraswathee Poojah time – confirms to be that Holy Mother is Saraswathee – Goddess of Education where the highest and lowest  castes of that area have merged.

I noticed also – that when a high performer of Toddy Tapper lineage is facilitated to be ‘free’ of influence of those of higher status – s/he becomes a mere technician and is either clumsy and rough in that new environment or isolates her/himself due to loss of self-confidence. Our self confidence in an environment is naturally strengthened through the natural strengths we have and is weakened when we resort to use of artificial status towards quick outcomes.

Gandhi renounced all benefits from his investment in unrealized Western Theories to acquire the power of Truth which purifies the mind. Gandhi therefore became the Common Rural Indian without direct access to Government – earning in the process the definition ‘Half Naked Fakir’ by Sir Winston Churchill.

It is that natural membership with grassroots (majority) that empower us to overthrow Theoretical powers which suppress the mind of masses – so the users of Theoretical powers would be Kings.  This is so in Academic circles less puritanical than Professor Boyle.

In terms of Political Science – Professor Boyle is ‘right’. But the flaw is that there needs to be a medium through which such powers would manifest themselves. Recently – at the Sri Lanka Reconciliation Forum, Sydney – meeting also a member parallel to Professor Boyle stated that we needed a Gandhi to bring about National identity in Sri Lanka. It could be one individual or it could be a group. The essential qualification is that they should be true to their Nationalism to be successful through the bottom-up pathway.

Whenever I use Thesawalamai Customary Law I admire the civilization that it upholds. I think also of the Australian Aborigines whose Eddie Mabo became the parallel of Gandhi. His declaration was enshrined into the laws and policies of Australia towards Commonness.  All we Sri Lankans need is one such individual to claim Tamil /Sinhalese Nationalism or Sri Lankan Nationalism. The belief of that individual as to who s/he is – is the binding force. The Race is as to which one happens first.

If it is Sinhalese – and such Sinhalese claims that the war actions were to eliminate ‘Terrorism’ then all of us have the responsibility to accept that. If it is Tamil – and that Tamil claims that what happened was Genocidal then all of us have the responsibility to accept that the effects of the war were due to ‘Genocidal tendencies’ AND include such into the Common Laws of Sri Lanka – as Australia has done. If it were Sri Lankan – then we have the COMMON solution. Given that Sri Lankans are the smallest group in Sri Lanka! – they need the full and unconditional support of the Global Community to whom Sri Lanka is one country.  

Human Rights

Human Rights of Sri Lanka would be different in form to the Human Rights of Sinhalese or the Human Rights of Tamils. They are both entitled to express themselves as is – but strictly within their own grouping. Muslims and Burghers who never claimed  Nationhood – are Sri Lankans. Likewise, Sinhalese and Tamils who are working within the very limited SRI LANKAN resources available to them. Until there is therefore a Native Hawaiian who believes that the land called Hawaii belongs to Natives and such a person renounces all benefits from the American system – Hawaiians would be a Community within America.

At primary level – Nationalism is measured through Land. At secondary level Nationalism is measured through work and therefore Human Resources. At Tertiary level – Nationalism is Absolute and one would not distinguish the person from the whole. Hence Gandhi was identified with grassroots India/the root of India. It’s like virtual reality through which we become the power of that group. True majority power so induced is exponential in value. It is greater than the sum of the individuals. Hence using majority power over such a person has the effect of turning the whole against the user. Such a believer cannot be defeated by the total persons merely using physical powers.

To the extent Sri Lankan Tamils whose genuine investment in self-governance was damaged by the Sri Lankan Government added their power to the LTTE – the LTTE’s power was exponential. Hence the difficulty for the Government to defeat them even though the numbers on the LTTE side was much smaller than the Government’s armed forces. It’s the power of the mind. Hence when the injury and loss of life is calculated at statistical level – the user of statistics is misleading her/himself. Even though the Government by its own admission estimated far less casualties – than other sources including the UN – the value of those casualties is exponential due to the belief of Tamils as a Community. When the ‘total’ value is used instead of numbers – one would conclude that the Government  defeated itself. The Government thus hung itself with the rope of Belief given by the genuine Tamils whose homelands were invaded. The deeper value which is the source of this exponential power was Public Administration for Tamils who continued to use British systems instead of Sinhalese systems. Hence the successful passage of their efforts to the UN in terms of war-crimes – largely through the efforts of the Tamil Diaspora – especially those who practice those global laws in the Nations that lead the UN.

But this would not bring about a solution for Resident Tamils unless the connection between the Diaspora and the Resident Tamils is maintained at a strength that it would naturally travel to the roots of the Community in rural areas. There aren’t enough members of the Tamil Diaspora who demonstrate this connection. The test is whether when they go to Sri Lanka – to their home areas – whether they feel part of that community as it is now. They naturally would not ‘think’ that they were equal because of their own efforts to establish themselves at wider level. But if they Belief in their ancestors to whom that area was ‘home’ then when they are present those ancestors are also present with them at that place at that time. In such instances they must NOT expect / derive benefits through such connections but only feel motivated to be with those to whom that area is currently ‘home’.

Thesawalamai should not therefore be used to profit from an activity in Northern Sri Lanka, by members of the Diaspora to whom Sri Lanka is not currently ‘home’. Neither should the Inclosed Lands Protection Act 1901 (NSW). They should not be applied to those who would have been  ‘foreigners’ to the architects of the law at the time of its currency. The Racial Discrimination Act came into force in Australia only in 1975. Until then, it would not have been unlawful for me to be treated less favorably than a White Australian. It may have been considered unjust or unethical – but not unlawful in Australia. The interpretation of all laws would vary according to our own belief – which is the basis of all genuine and just interpretations. Hence the Zero base start in Democracy. Application of Equal Opportunity laws is essential in a multicultural environment to practice Democracy from Zero advantage or disadvantage. Where there is evidence that this has not happened – the person who is being punished / who has suffered more – has the right to interpret the law first  and the right to be heard first.  Often the presence of lawyer is facilitated in Western countries at the time of arrest but to my knowledge the practice of  such a victim being heard first in a Court of Law is yet to become Policy. This needs to be applied even in interpreting what happened – for the same manifestation would be received differently by different minds. The longer it takes for the matter to be heard – the greater the risk of changed order of thought. Likewise the further one gets from the place of manifestation – for example evidence produced by members of the  Diaspora who have started practicing the laws of their new Nations and hence their restructured thought order.

Areas where the Government’s presence was never known consciously and where LTTE was not mentally opposed by those to whom that area was ‘Home’ – the Government was Trespassing/Invading.

 In terms of Australia, one cannot identify with current Australia through Aboriginal Land Rights alone. To believe one is Australian – as we are seen by others one has to believe that one is  part of all those who ‘think’ they are Australian and no more no less. In regards to value – work value is of higher value than undeveloped land value. Land earned through current Work  becomes more  valuable than undeveloped land. Land which has demonstrated heritage value – like we have demonstrated in Northern Sri Lanka – through our family temple – inherited from my paternal grandmother through my father – has absolute value to the person who believes in the ancestors from whom that land was inherited. So long as I do not seek to make a profit from the current generation by using my belief – I would always be right for me when I measure myself through that belief – the source of which is Truth and Truth is Eternal/Absolute. 

 Laws  are the consolidated value of Human Minds. Laws that are undeveloped /underdeveloped but are merely for ‘benefits’ of the law maker lose power beyond that immediate environment and become dead.  Laws that are actively used by the citizens – especially those without special status – are of higher value than the underdeveloped primary category. Laws that the citizen without special portfolio believes in – is of heritage value and gives that citizen the Experience of the law maker at that time.

When I was arrested at the University of New South Wales for Peaceful assembly – I was charged for ‘Trespass’ and given that I did not know the provisions of the law nor the true level of understanding of the Australian Police – I accepted their word and thought I was guilty as charged. But later when I studied the legislation – I learnt that I was not acting unlawfully. At the beginning of this study I prayed to the ancestors who developed that law – Inclosed Lands Protection Act 1901.  This is a natural way with me through my Traditional Hindu upbringing. As my husband pointed out recently – this is also the case with Thesawalamai Customary Law codified in 1806.  When we genuinely, of our own free will respect and value such legislations – which are largely of heritage value – we invoke the powers as if we have lived in that part of the world  since that period. It’s like Virtual Reality.

Yet – to the young eyes driven by ‘looks’ – I would continue to be Indian – as the Police described me until they learnt that I was born in Sri Lanka and – despite my protests that I was Australian by law – from then on, they classified my Nationality as Sri Lankan. Until therefore the Government of Australia brings in Policies to train Australian Officers out in the field how to fill out the forms and/or give it out to the citizens to fill out their personal details – this karma would keep rising and rising through its natural powers of karma. Where the charged citizen has invested more in the law than the person so charging – that citizen has the right to interpret the law as per her/his Truth and this must become POLICY to eliminate the negative karma. When the Public practice that Policy beyond the level of accumulated / compounded karma – that environment is ‘free’ of negative energy in that issue. It is for this reason that the principle of ‘presumption of innocence’ until known otherwise is recommended in criminal law.

In terms of Sri Lanka – to the extent we continue to practice Customs particular to our cultural groups – more than the Common Law – we are entitled to use our Truth within our homelands. When the Government fails to share its interpretation of the law with the citizens – through appropriate Administrative and Management systems – each citizen is entitle to be driven by her/his own Truth. In the case of common form of Truth – we often develop this through group and institutional structures.

Professor Boyle is therefore  right in that the Sri Lankan Government which cannot be identified with the whole of Sri Lanka is sidelining the Tamil interpretation of the definition of what happened. But given that the last stages of war is the event through which this issue is being examined by the current generation – and given that the LTTE took over Administration of the area where the manifestation happened – the belief of those who submitted mentally to the LTTE – is not admissible because – to such Tamils – the Sri Lankan Government was ‘foreign’ power. The Capital of Northern Province is Jaffna. The educated people of Jaffna to whom Northern Province was ‘home’ in 2009 – are the leaders entitled to make such a declaration. It  ought to have been made as per the pain felt at that time by these leaders. I claimed that my pain was Racial Discrimination – at the time it happened at the University of NSW.   Until that time I adjusted and went along with injustices (as per my assessment). When American trained academics in Senior Administrative positions  failed to uphold Equal Opportunity Laws – I lost hope in Theory/Law and resorted the Truth within. This is also the solution I recommend to all Sri Lankans seeking Peace. Truth will always guide us to Peace.

Appendix

OIC

vdfDkfEkadfAd EpalIsf

vdfDkfEkadfAd

The OIC

Vaddukoddai Police

Vaddukoddai

04 October  2015

mtipfpibfKriy OIC  `bivT,

Respectable OIC,

Avrvrf-kaqi Ekayilf – cgfkrtfAt-TA]vi

Vairavar-Kali Temple – Sangarathai-Thunaivi

;[fB mtiymf 2 m]iyqvilf  ugfkqf  Office lf ;RnfT  tiR ecnftilf '[fpvrf ekaDtft  MAbpfpaD vixymak kAtkfk 'mT ;A]pfpaqrf tiR p<xfpraca jIvraca '[fpvAr Ppfpidfdtak `binfT '[T pi[fvRmf vakfK YMltfAt `vrf YMlmf cmrfpfpikfkiEb[f:

 At about 2 o’clock this afternoon, there was a message from your office to our Coordinator Mr. Pushparasa Jeevarasa asking him to go over to your office regarding a complaint from a person -  Mr. Sentil. I submit my witness statement in this regard:

1.      25 August 2015 `[fB kjlxfmi prmcivmf ~kiy na[f  Embf Pbpfpdfd tiR ecnftilf `vrfkQkfK oR vArpdmf `{pfpiyiRnfEt[f. `T `vrT Ev]fDEkaqfpdi tiR p<xfpraca jIvraca YMlmf  'mT  Embf Kbipfpidfd vqvibfK Epadfd MqfQkfkmfpiAy MbitfT `t{dak EpakfKvrtfT ndtfTvAt ka]pf  epaBkfkamlf 'Dtft Mdiv<

On 25 August 2015 – I Gajalakshmi Paramasivam sent the above mentioned Mr. Senthil a drawing. That drawing was sent through Mr. Pushparasa Jeevarasa  because I could not bear any more the pain due to serious damage to our barbed wire fence

2.      Embf Pbpfpdfd tiR ecnftilf `vrfkQmf ovfevaR naQmf Gate ;Rkfktftkfktak   `nft cdfdtfTkfK maba[ ;Adevqiyalf Epayf vRvAt `vta[itftiRkfkiEb[f '[ uBtipfpDtfTkiEb[f.

I confirm having observed the above mentioned Mr. Senthil also everyday using that illegal gap to transit instead of using the Gate

3.     kidfdtftdfd 23 August 2015 `[fB 'mT CCTV Cameravilf  tiR ecnftilf `vrfkqi[f `kfka cmfpnftpfpdfd npRAdy vak[mf 'mT  vqvilf niBtftpfpdfdAt  parftfTvidfD  tiR ecnftilf `vrfkQkfK etaAlEpci YMlmf `vrT ubvi[rfkQkfK `nft vak[tfAt `kbfBmaB Pb eca[fE[[f. `vRmf cibiT Enarmf kzitfT `At ecyftarf.

Around 23 August 2015, I noticed through our CCTV Camera – the vehicle belonging to a person associated with the above Mr. Senthil’s sister within our compound. I rang Mr. Senthil and asked him to ask the owner to remove it from there. He did so a little while later.

4.     `[fB Mdiv< ecyEt[f  ;Rmfp< Evli EpaDvtak.

That day I decided to erect Iron Fence

5.     15 July 2015 `qvilf 'mT  vqvilf oR pcfAc PAr `Amkfk tiR ecnftilf `vrfkQkfkfK vayfpfp< ekaDtfEt[f.   `vRmf `vrT utviyaqf tiR ctIxf '[fpvRmak `nft EvAlAy ecyfT Pli '[T niA[vi[fpdi YRpa 12,000 EkdfD na[f `vrfkqT EvAlAy emcfci Emltikmak YRpa 2,000 ekaDtfEt[f. 

Around 15 July 2015, I facilitated the opportunity for Mr. Senthil to do the work in relation to installation of green roofing in our garden shed. Mr. Senthil and his assistant Mr. Satheesh completed the job and as per my recollection – Mr. Senthil claimed Rs 12,000 for the job. I paid him Rs2,000 above that stating that I appreciated the job done well.

6.     ta[f `nft kaAc vID kdfDmf eclvibfK pavipfptak tiR ecnftilf Pbi[arf. cil nadfkQkfKpfpi[f `Et kar]tftibfkak YRpa 20,000 kd[f EkdfD  25 July 2015 `[fB kd[f epbfB 10 mat tvA]yilf tiRpfp tRvtak opfp<kf eka]fdarf.  ;T vAr oR tvA] Pd kdfdvilfAl.

Mr. Sentil stated that he used that in his home-construction. A few days later, he applied for  a loan of Rs 20,000 towards that same purpose. On 25 July 2013, he was paid that loan on the condition that he would repay it in 10 monthly instalments. So far he has not paid any instalment.

7.     `vrf t[fA[ na[f 2013 lf  kirati EvAl tRvtbfK nmfpvilfAl '[fB Kbfbmf cadfdi kAttfttaLmf ta{mf tibAmyak kirati EvAl ecyvarf '[fB uBti emazi PbiytaLmf ;mfMAb mbfbvrfkqidmf Quotation Ekdfkamlf ;vAr mdfDmf EkdfEd[f.  `vridMmf ;At `bivitfEt[f. ta[f nlflmatiri oR kizAmyilf EvAl Mdipfptak uBti emazi `qitftarf.   '[kfK YRpa 216,000 Quotation eca[f[arf. `tilf 20 `di T\]f  'mkfK ;[f{emaR CCTV Camera vibfK EtAvpfpdfdAty<mf ;[f{mir]fD kirati `t[f nimitftmak Epad Ev]fdiytaLmf `vrf EmLmf YRpa 7,000 Pdfdi YRpa 223,000 Quotation Pbi[arf.  Technical viprgfkAq tiR p<xfpraca jIvracavidmf ekaDkfKmaB Pbi `vRmf ekaDtfttak `binfEt[f.

In 2013 – Mr. Senthil got upset with me when he  did not win the job of making the grill and claimed that he was good at doing that kind of work – even though he did not submit the quotation within time and the submitted quotation did not meet the specifications provided by us. Despite this we gave this job to him without getting quotes from others. He quoted Rs. 216,000. Since we needed an additional pillar for the CCTV Camera and towards such additional grills – he added further Rs. 7,000 to make the quotation Rs 223,000.  I asked him to provide the Technical details to Mr. Pushparasa Jeevarasa.

8.      02 September 2015 p<t[f `[fB `vrf YRpa 100,000 M[f p]mf Ekdfdarf. na[f tiR p<xfpraca jIvraca YMlmf YRpa 50,000 ekaDtfEt[f. . `tbfK tiR ecnftilf ta[f ;Rmfp< evdfDmf Machine Ev]fd EyacitfEt 100,000 M[f p]mf Ekdfdtak Pbi[arf. na[f eca[fE[[f `pfpdiey[fbalf   ;Rmfp<  Ev]fd p]mf ;RkfkaEt '[fB.  criey[fB EvAl Tvgfki[arf.

On Wednesday,  02 September 2015 he asked for an Advance of Rs. 100,000. I provided Rs. 50,000 through Mr. Pushparasa Jeevarasa. Then Mr. Senthil said that he wanted Rs. 100,000 to buy the Machine. I said if he spent the money on buying the machine – then he would not have the funds to buy the material needed for the job. He said ok and started the job.

9.     04 September 2015 evqfqi  `[fB tiR p<xfpraca jIvraca `vrT EvAlAy EmbfprfAvyidfd pi[f[rf EmLmf YRpa 47,500 ekaDtfEt[f.

On Friday, 04 September 2015, after Mr. Pushparasa Jeevarasa inspected his work – I arranged for further Rs. 47,500 to be handed over to him.

10. 07 September 2015 tigfkqf `[fB EmLmf  YRpa 30,000 ekaDtfEt[f.

On Monday, 07 September 2015 he was given further Rs. 30,000/-

11.  11 September 2015 evqfqi `[fB EmLmf  YRpa 50,000 ekaDtfEt[f.

On Friday, 11 September 2015, he was given further Rs. 50,000/-

12.  13 September 2015 wayibfBkf kizAm `[fB tiR p<xfpraca jIvraca Skype YMlmf  cil kmfpikQkfkiAdyilf ;Adevqi  namf PbiyAtvid Pd ;Rpfptakv<mf  `t{dak ciB piqfAq vnftAty<mf parftfEt[f. o[fbilf kmfpikAq enRkfkmak Epad Ev]fDmf `lflT KBkfk  bar Epad Ev]fDmf '[fBmf PbiE[f. `tbfK tiR p<xfpraca jIvraca 'mkfK epaBpfp<. tiR ecnftilf pRtftitfTArkfK kliya] vIdfD `AzpfpibfK EpayiRnfttalf  ;tilf klnfT ekaqfqvilfAl

On Sunday, 13 September 2015, Mr. Pushparasa Jeevarasa facilitated for me to inspect the work through Skype. I noted that a child could pass through the grills and instructed the girders needed to be closer to each other to reduce the gap or that a horizontal bar must be installed in the alternative. Mr. Pushparasa Jeevarasa is the person responsible to us to ensure that this is done – before he paid the money. Mr. Senthil did not participate in this because he was busy distributing the invitations for his wedding.

13. 14 September 2015 tigfkqf `[fB ;Atpfpbfbi na[f tiR ecnftiLkfK Phone p]f]i kAttfT KAbkAq cripfpDtfTmaB PbiE[[f.  ta[f cil kiratikAq tbfkalikmak tqfqitftqfqi Avtfttakv<mf cripfpDtfTvtakv<mf Pbi[arf..  ;nft EvAl ndkfKmfEpaT na[f   Phone p]f]i[alf Phone 'Dkfk Ev]fDmf '[fB nipnftA[ EpadfdiRnfEt[f.  `vRmf `tbfK otfTkf eka]fdarf. 14 September 2015 tigfkqf `[fB Phone p]f]iyEpaT t[kfK p<t[f kizAm kliya]mf '[fBmf t[T `mfmav<mf EkayiLkfK vRva '[fBmf `Dtft evqfqikfkizAmkfkiAdyilf EvAl MditfTkf ekaDpfptakv<mf Pbi[arf. pi[f[rf `vrf Phone p]f]i YRpa 20,000 kd[f Ev]fDmf – viyaq[f tiRpfpi tRvtak Pbi[arf. `tbfK ud[f pdfD ekaDtfT `vRmf Pbiypdi `At tiRpfpitf tnftarf.

On Monday, 14 September 2015, I rang Mr. Senthil and described the specifics of my observed deficiencies and asked him to rectify the errors. He said that it was just temporary work-in-progress and said  that he would  do the needful. I reinforced that while this job was in progress he needed to ensure that he was accessible by me through the phone and he agreed. During the conversation on Monday, 14 September 2015 he said that he was getting married on Wednesday and that his mother (who was against his partner) had agreed to come direct to the temple. He said he would complete the job by following Friday. Later that day he rang and asked for a loan of Rs. 20,000 and promised to return it on Thursday. I agreed and arranged for him to get the loan and he did return that money.

14. 17 September 2015 viyaq[f f `[fB na[f EkdfdtbfK wayibfBkf kizAm nicfcymf EvAl MdinfT viDmf '[fB Pbi[arf.

On Thursday, 17 September 2015 – when I asked him he said he would definitely complete  the job on Sunday.

15. ~[alf 20 September 2015 wayibfBkf kizAm `vrf EvAl MditfftiRkfkvilfAl. EkdfdtbfK viRnfT eka]fdadfdtftibfK Epa[tak Pbi[arfkqf `vrT ecanftkfkarrf. `At pi[f[rf kAtkfKmf EpaT `vRmf uBtipfpDtfti[arf. tiR ejk[f  ;nft EvAl MdinftTmf Camera Epad Ev]fdiy EvAl ecyfy Mdiyamlf tiRmfp ec[fbarf.

But on Sunday, 20 September 2015, his job was yet to be completed. When asked his relatives said that he had gone out to celebrate. Later he also confirmed that he had gone out to celebrate. Mr. Jegan (Electrician) turned back as he could not do his part to be ready for the installation of the Camera

16. `t[f pibK na[f Phone p]f] tiR ecnftilf 'DkfkvilfAl.

Thereafter when I rang Mr. Senthil did not pick up the phone

17. 20 September 2015 wayibfBkf kizAm `vRd[f EvAl ecyft tiR ctIxf YMlmf EvAlAy MdikfKmfpdi tiR p<xfpraca jIvraca YMlmf  PbiE[[f.  `nft Enrmf tiR ecnftilf t[T tayarf vIdfdilf c]fAd piditfTkf eka]fdiRnfttak EkqfvipfpdfD `vAr KzpfpvilfAl. tiR ctIxf ;dmf `vridmf EkdfDvidfD ecyfy eca[fE[amf.  `T ndkfkvilfAl.

On Sunday, 20 September 2015 – I sent word through Mr. Pushparasa Jeevarasa for Mr. Senthil’s assistant Mr. Satheesh to complete the job. Since I learnt that at that time Mr. Senthil was shouting at his mother at her home I  instructed that he not be  disturbed. We asked Mr. Satheesh to ask Mr. Senthil and then complete the job. That did not happen.

18.  Camera vibfK EtAvya[ T\]fkAq tiR ejkA[ Epad eca[fE[[f.

I asked Mr. Jegan to erect the pillars needed for the Cameras.

19. 21 September 2015 tigfkqf  kizAm `[fB tiR ecnftilf Phone p]f]fiyEpaT `vrf  eca[f[pdi EvAl MdikfkattaLmf piAzkqf ;RpfptaLmf Telephone _  'DkfkattaLmf ovfevaR naqf tamttftibfKmf 1%  kzi ;RkfKmf '[fB PbiE[[f. cri '[fbarf. miKti kaC tiR ctIxf ;dmf ekaDpfEpamf '[fB PbiE[[f. `tbfK tiR ecnftilf ‘nIgfk jIv[idmf ctIxf ;[f Phone nmfprf 'DtfT `vridEm EvAlAy Mdikfk ecalfLgfkqf '[fB Pbi Phone _ Avtftarf.

On Monday, 21 September 2015 – when Mr. Senthil contacted me on the phone and stated that he would complete the job -  I  stated that due to him not completing the job as quoted and due to there being deficiencies and due to him not picking up the phone as promised – there would be 1% penalty per day of delay from the time he ought to have completed the job. He said ok. I said the rest of the money would be paid through Mr. Satheesh. To this he said ‘You get Satheesh’s number from Jeevan and give the job to him’. So saying he put the phone down.

20. na[f tiR _yaTAr '[fpvridmf `nft EvAlAy MditfT tr Ekdfk `vRmf ud[f pdfdarf.

I asked one Mr. Aiyathurai to complete the job and he agreed.

21.  21 September 2015 tigfkqf  kizAm `[fB pi[fEnrmf  tiR p<xfpraca jIvraca tiR _yaTArtfTArAy `AztfT ec[fB EvAlAy viqgfkpfpDtfti[arf.

In the evening  of  Monday, 21 September 2015 – Mr.  Pushparasa Jeevarasa accompanied Mr. Aiyathurai and explained the work that was needed to be done to complete the job.

22.  22 September 2015 ecvfvayf  kizAm tiR ecnftilf Phone p]f]i m[f[ipfp< Ekari  taE[ kaqiyacfcikfkak EvAlAy Mdikfk Epavtak Pbi[arf. na[f PbiE[[f oR naQkfK  1% pfpdi tamtmf kzikfk Ev]fDmf. `tfTd[f T\\]f EvAl tiR ejk[f ecyfttalf EtAvpfpdaT. ~kEv `tbfK kzikfk Ev]fDmf  '[fB PbiE[f. Omf cri  '[fB Pbi[arf.

On Tuesday, 22 September 2015 – Mr. Senthil Phoned me and asked for pardon and stated that he wanted to complete the job as an offering to Mother Kali. I stated that there would be 1% penalty per day for the delayed period. Also that the pillar work has already been done by Mr. Jegan and hence would no longer be needed to be done. He agreed.

23. 01 October 2015 viyaq[f   `[fB t[kfK vIdfdilf  cAmkfkv<mf kaC ;lfAl EvAl MditfT vidfEd[f kaC Ev]fDmf '[fB Pbi[arf. tiR jIv[f parfAvyidfD PBmfvAr YRpa 10,000 - `tiliRnfT `vrf trat 2 mat loan tvA]kf kaC Epak epBmfpdi oZgfK pDtftiE[[f. YRpa 6,000 epbfBkfeka]fdarf.

On Thursday 01 October 2015 he rang and stated that he had completed the job and since he did not have any money at home even for food he needed at least an advance. I arranged for him to have,  until Mr. Jeevan certified the work, an advance of Rs 10,000 less the two overdue monthly instalments. He thus received Rs 6,000

24.01 October 2015 viyaq[f   `[fB 'mT Gate tibpfAp tiR rtft[tftaridmiRnfT 'DtfT t[f[idmf tRmfpdi Ekdfdarf. kar]mf `vrf EvAqkfK Gate p>dfd ;r]fD epdiygfkqf Gate "bi KtitfAt ta[f parftfttakv<mf Pbi[arf. ta[f `nft matiri epdiy[fkAq cripfpDtfti AvtfTkf ekaqfvtak Pbi[arf. na[f mBtfT vidfEd[f. `Dtft naqf Camera wire evdfdpfpdfdiRnfttalf  `vridmf PbiE[[f - `vrT tmfpiy<mff ;[fe[aR piqfAqy<mf wire EpaDmf epaZT Ekayililf pDtftiRnfT clflapmf p]f]i[arfkqf. kv[mak;RkfKmfpdi PBmfpdi. cri '[fB Pbi[arf.

On Thursday 01 October 2015 he asked me to get our Gate Key from Mr. Rathinam and hand it over to him. The reason stated was that he had seen two boys jumping over the gate which was locked early. He said he would ensure that he would supervise such boys and manage them. I declined.  The following day due to loss of our Camera wire I stated to him that his younger brother and another guy were frolicking around in the temple when the wiring was happening. I said to warn them to be careful. He said ok.

25. `t[f pi[f ta[f  kziv< YRpa10,000 '[fB viqgfkikf eka]fdtak tkraB p]f]i[arf. na[f PbiE[[f  10% ttftibfKmf 10,000 tftibfKmf `vRkfK vitftiyacmf etriyavidfdalf `tbfK na[f epaBpfpaqi `lfl '[fB.

Later he complained that he thought that the penalty was Rs 10,000 and that I was cheating him. I said if he did not know the difference between 10% and Rs 10,000 I was not responsible for that.

26. mik ukfkirmak kAttftarf. '[kfK  ;nft vixymfpbfbif kAttfEt ;mfMAb YRpa 10,000 Phone bill PDtlak vnfTqfqT. `vrf 'mT vqvibfKqf vrkf PdaT '[fBmf `vrT ;nft ndtfAtyalf na[f Police kfK Epakpf Epavtak `vrT mamiyaridmf PbiE[[f. `v ta[f mkQkfK ecalfvtak eca[f[a. PolicekfK t[kfkak Epak Ev]fdamf '[fB eca[f[a. criey[fEb[f.

He spoke very harshly. I have spent Rs. 10,000 additional on my phone calls in this regard. Through his mother-in-law, I ordered that he should not enter our Land and that I was intending to complain to the Police. That lady said she would advise her daughter and asked me not to go to the Police. I agreed.

27. na[f vicaritftEpaT epaRdfkQkfK YRpa 100,000 Mmf PlikfK YYRpa25,000 Mmf Epadfdalf miKti ;vRkfK lapmf '[fB k]itfEt[f. tiR ecnftilidmf eca[fE[[f oR `tikarmf uqfqvAr PpfpdfD `qnfT `t[f epBmtiAy k]itftalf nlflmf '[fB. EkappfpdfD kAttfT Phone _ Avtftarf.

After making  inquiries I calculated that after allowing Rs100,000 for the material and Rs.25,000 for labor he was making a good profit on this. I said to Mr. Senthil that I considered it appropriate to  arrange for an independent assessor. He spoke angrily and cut off the phone.

28. tiR ecnftil f;[fB Phone p]f]i ‘;nft ecnftilf  '[f[ ecyfkiba[f paRgfEka. Camera Av on p]f}gfEka. vdfDkfEkdfAd Police _ PpfpiDgfEka kaqi Ekayililf '[f[ ndkfKT '[fB parfkfk '[fB Pbi[arf. na[f PbiE[[f - `vAr 'mT vqvibfKqf vrkfPdaT '[fB Pbiy<qfEq[f '[fB. pi[f `vrT ubvi[RkfK Phone p]f]i na[f Police kfK Epakpf Epavtak PbiE[[f. `vrf EkdfD epaBtftfTkf eka]fEd[f. pi[f tiR jIv[f Pbi[arf – Police kfK tiR ecnftilf vnfT MAbpfpaD ecyfTqfqtak. `T nlflmf.

Today, Mr. Senthil rang and said ‘Look what this Senthil is going to do. Turn on your Camea; Call the Vaddukoddai Police and watch what is going to happen at the Kali temple’. I stated that he had been instructed not to enter our premises. Then I rang his relative and said that I was going to complain to the Police. Since that relative asked me not to I restrained myself. Then Mr. Jeevan rang to inform me that Mr. Senthil has complained to the Police against me. This is good.

29. ;T vAr namf `vRkfK ekaDtft kaC YYRpa183,500. `vrf 'DtfT tiRpfp trat Loan YYRpa20,000. ematftmf YYRpa203,500. kziv< 10% Epak `vrT EvAl Mditftalf ekaDkfKmti YYRpa198,900 (221,000 -  22,100) . ~kEv tiR ecnftilf '[kfK tRmti YYRpa4,600 y<mf. EvAlAy criyak MditfTkf ekaDpfpTmf.

Thus far I have given him Rs 183,500. The load taken by him and not returned is Rs20,000. Total is Rs 203,500. If he completes the job satisfactorily, the amount due to him would be Rs 198,900 (221,000-22,100) after the 10% penalty as agreed. Therefore the amount owed by Mr. Senthil to me is Rs.4,600 and the job to be completed.

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Gajalakshmi Paramasivam