Petitioner filed a PIL mandamus petition seeking recovery of unrecovered audit objections from local bodies via the Chief Secretary. The court held the petition was too general without specific representation or impleadment of appropriate local bodies and localities, so it was closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01-12-2014
CORAM
THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
WRIT PETITION No.31391 of 2014
and
M.P.No.1 of 2014 K.Asokan .. Petitioner
vs
The Chief Secretary to Government Government of Tamilnadu Fort St. George, Chennai 600 009 .. Respondent
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to recover the amounts lying unsettled in the audit reports of local bodies viz., the Municipal Corporations, Municipalities, Town Panchayats and Village Panchayats, within specified time period and further directing the respondent to set up an appropriate mechanism to ensure proper accounting and recoveries thereon as the case may be, by fixing responsibilities and by providing for punishments for any lapse thereat.
For Petitioner : Mr.T.Sundaranathan For Respondent : Mr.S.T.S.Moorthy Government Pleader
ORDER
(Order of the Court was made by THE HON'BLE CHIEF JUSTICE)
The petitioner through this Public Interest Litigation, seeks to raise the issue of monies lying unrecovered, despite audit objections. On having obtained information under the Right To Information Act, from the Audit Directorate, the petition has been filed.
2.The petition alleges that it is distressing and agonizing to any public spirited person to note that the unsettled audit https://hcservices.ecourts.gov.in/hcservices/ objections lay unrecovered for years together and the information obtained by certain responsible citizens bring out the sad and insensitive state of affairs in dealing with public funds by
successive Governments and local bodies. It is further averred that such insensitive attitude towards the public funds would corrupt any person.
3.We are of the view that the petition is very general in character. Audit agency may have it's own methodology of verifying certain financial transactions. It will not necessarily mandate that all monies are legally recoverable.
4.The petitioner has also not impleaded either the local bodies as party or the concerned Ministry, having only shown The Chief Secretary to Government of Tamil Nadu as the respondent.
5.If the petitioner wants action to be taken qua certain aspects, he ought to make a specific representation in that behalf and on failure of taking action by the concerned Department, would the occasion arise to file a petition.
6.The writ petition accordingly stands closed. No costs. Consequently, connected MP is also closed.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar To:
The Chief Secretary to Government Government of Tamilnadu Fort St. George, Chennai 600 009
1 cc to Government Pleader,Sr.No57900/14 1 cc to Mr.T.Sundaranathan ,Advocate, SR.No.57836/14 nsv W.P.No.31391 of 2014 cnr(co) pmk.17.12.2014
1 issue framed by the court
Whether a general writ petition seeking recovery of unsettled audit objections against local bodies can be entertained.
1 provisions across 1 enactments
K.Asokan
Chief Secretary to Government Government of Tamilnadu
Sanjay Kishan Kaul
R. Mahadevan
As recorded by the court registry
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