← Library
Madras High CourtWP/2740/2024disposed of

K.Maniyan v. The Superintendent Of Police

2024-02-07Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.2740 of 2024 K.Maniyan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Tiruppur District.

2.The Inspector of Police, Kunnathur Police Station, Kunnathur, Tiruppur - 639 103.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, seeking for a suitable direction against the respondents herein directing them to consider my representations dated 20.07.2023, 24.07.2023 and 09.08.2023 and to direct the 2nd respondent herein to issue non-traceable Certificate for the missing original Will dated 06.02.1962 registered as Doc.No.3 of 1962 on the file of Book-3, SRO, Kunnathur. For Petitioner : Ms.S.Akila For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 and R2

O R D E R

This Criminal Original Petition has been filed for a direction to the respondent to issue Non-Traceable Certificate to the petitioner regarding the original Will dated 06.02.1962 registered as Doc.No.3 of 1962 on the file of Book3, SRO, Kunnathur.

2. Learned counsel for the petitioner would submit that the petitioner had lost his original Will dated 06.02.1962 registered as Doc.No.3 of 1962 on the file of Book-3, SRO, Kunnathur. Hence, he preferred a complaint on 20.07.2023, 24.07.2023 and 09.08.2023 before the respondent.

3. Learned Additional Public Prosecutor, on instructions, submitted that the complaint given by the petitioner will be considered in line with the circular issued by the Director General of Police. Learned Additional Public Prosecutor submitted that the petitioner may be directed to produce the necessary documents before the 2nd respondent police in order to complete the enquiry and to give the Nontraceable certificate.

4. Under such circumstances, there shall be a direction to the petitioner to attend the enquiry before the 2nd respondent along with all the necessary

documents. The 2nd respondent shall conduct the enquiry in line with the circular Memorandum dated 01.04.2022 issued by the Director General of Police. Ultimately, if the respondent is satisfied after the enquiry, Non-traceable Certificate shall be issued to the petitioner. This process shall be completed by the 2nd respondent within a period of four (4) weeks from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above direction. No Costs. 07.02.2024 Index : Yes/No Internet : Yes/No ssr To 1.The Superintendent of Police, Office of the Superintendent of Police, Tiruppur District.

2.The Inspector of Police, Kunnathur Police Station, Kunnathur, Tiruppur - 639 103.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH , J.

ssr W.P.No.2740 of 2024 07.02.2024