1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.11406 of 2011 and M.P(MD)Nos.1 and 2 of 2011 K.M.Thangaraj ... Petitioner Vs. 1.The State of Tamil Nadu, represented by its Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The District Collector cum Inspector of Panchayats, Kanyakumari District, Nagercoil. 3.The Block Development Officer (Village Panchayat), Munjirai Panchayat Union, Munjirai, Kanyakumari District. 4.The Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Kanyakumari District, Nagercoil. 5.T.Chandrakumar 6.P.Kesavan 7.C.Krishna Doss ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the first respondent to take appropriate action against the respondents 2 and 3 in filing false report and further direct the respondents 1 and 4 to take appropriate action against the respondents 5 to 7 for misappropriating the Panchayat fund and recover the same within the time limit that may be stipulated by this Court. For Petitioner ... Mr.G.Thalaimutharasu For Respondents ... Mr.M.Govindan Special Govt. Pleader for R.1 to R.4 R.5 to R.7 - Dispensed with. O R D E R This writ petition has been filed by the petitioner to issue a Writ of Mandamus to direct the first respondent to take appropriate action against the respondents 2 and 3 in filing false report and further direct the respondents 1 and 4 to take appropriate action against the respondents 5 to 7 for misappropriating the Panchayat fund and recover https://hcservices.ecourts.gov.in/hcservices/ 2 the same within the time limit that may be stipulated by this Court. 2. Heard Mr.G.Thalaimutharasu, learned Counsel appearing for the petitioner and Mr.M.Govindan, learned Special Government Pleader who takes notice for the respondents 1 to 4. In view of the order that is to be passed, notice to the respondents 5 to 7 is dispensed with. 3. By consent, the writ petition itself is taken up for final disposal. 4. The writ petition filed under Article 226 of the Constitution of India cannot be used as a means to verify as to whether the allegation made by the petitioner is true or false. It cannot be used as a fact finding method to prove the allegation made by the petitioner. The fact that the petitioner seeks for appointment of an Advocate Commissioner to verify his statement made in the affidavit will establish that prima facie no case is made out by the petitioner for the relief sought for in the writ petition. 5. In such view of the matter, this Court is not inclined to entertain this writ petition and the same is dismissed. Consequently, the connected Miscellaneous Petitions are also dismissed. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar(CS) To: 1.The Secretary to Government, The State of Tamil Nadu, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The District Collector cum Inspector of Panchayats, Kanyakumari District, Nagercoil. 3.The Block Development Officer (Village Panchayat), Munjirai Panchayat Union, Munjirai, Kanyakumari District. 4.The Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Kanyakumari District, Nagercoil. +1cc to The Special Government Pleader, SR.No.34886 rsb GH : 31.10.2011 : 2p/6c W.P.(MD)No.11406 of 2011 and M.P(MD)Nos.1 and 2 of 2011 30.09.2011 https://hcservices.ecourts.gov.in/hcservices/