R.Sampathkumar v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Dr.R.Sampathkumar .. Petitioner vs 1.The Secretary to Government, Rural Development and Panchayat Raj Department, St. George Fort, Chennai-600 009.
2.The District Collector, Ariyalur District, Ariyalur-621 704.
3.The Deputy Director of Panchayath Unions/ Inspector of Panchayath functioning in Collectorate, Ariyalur District, Ariyalur-621 704.
4.The Block Development Officer, Jayakondam Panchayath Union, Jayankondam-621 802.
5.The Panchayath President, Thathanur Panchayath, Thathanur-621 804, Udayarpalayam Taluk, Ariyalur District.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to appoint a special audit to find out the misappropriation of public money in the Thathanur Village Panchayath in Ariyalur District and to fix the responsibility and to collect the misappropriated fund from the individuals concern. For the Petitioner : Mr.A.Mathiyalagan for Mr.P.Santhaseelan For the Respondents : Mr.Abishek Murthy Government Advocate
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.A.Mathiyalagan, learned counsel for Mr.P.Santhaseelan, learned counsel for the petitioner; and, Mr.Abishek Murthy, learned Government Advocate for the respondents.
2. The present writ petition is bereft of particulars and details.
3. A prayer is made to direct special audit of the accounts of the Panchayat so as to find out the misappropriation of the public money and fix the responsibility.
4. A public interest litigation cannot be filed in a casual manner. The details are to be given of the alleged misappropriation. The petitioner could have got information under the Right to Information Act, 2005 about the sales and purchases made and/or how the balance sheet is not proper. In absence thereof, it would not be appropriate to pass orders. In case the petitioner can lay his hands on the balance sheet or authentic information under the Right to Information Act,2005, or otherwise about the misappropriation, then the petitioner may agitate in respect of the same.
5. The writ petition, as such, is disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 06.02.2024 Index :
Yes/No Yes/No bbr To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, St. George Fort, Chennai-600 009.
2.The District Collector, Ariyalur District, Ariyalur-621 704.
3.The Deputy Director of Panchayath Unions/ Inspector of Panchayath functioning in Collectorate, Ariyalur District, Ariyalur-621 704.
4.The Block Development Officer, Jayakondam Panchayath Union, Jayankondam-621 802.
5.The Panchayath President, Thathanur Panchayath, Thathanur-621 804, Udayarpalayam Taluk, Ariyalur District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 06.02.2024