Madras High CourtWP/2398/2022allowed

Elitestar Knit Wear (P) Ltd v. The Sub Registrar

2025-08-21Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2025

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.2398 of 2022 and WMP.Nos.2555 & 2557 of 2022 Elitestar Knit Wear (P) Ltd Represented by its Director Ramakant Padia Having headoffice at D.No.41B, Bipin Behari Ganguly Street, Kolkatta District West Bengal Presently residing at Elite Star Knitwear Private Ltd Door No.36, K.B.N.Colony 4th Street, Tiruppur .. Petitioner

Versus

1. The Sub Registrar Avinasi, Tiruppur District 2.State Rep by Sub Inspector of Police Sulthanpettai Police Station Coimbator District 3.Mahalingan @ Manaalingam 4.Palani .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the entire records in Non Traceable Certificate dated 02.03.2021, Petition Receipt No.29 of 2021 on the file of 2nd respondent and quash the same.

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For Petitioner : Mr.K.Sudhakar For Respondents : Mr.K.M.D.Muhilan for R1 & R2 Additional Public Prosecutor No appearance for R3 & R4

ORDER

This petition has been filed to quash the Non traceable certificate issued by the respondent police.

2. The grievance of the petitioner is that the third respondent has entered an agreement for sale on 21.03.2008 and original agreement is with the petitioner. Whereas, the third respondent has given a complaint as if the original agreement and power of attorney is lost during his transit, thereby, fraudulently obtained Non traceable certificate from the respondent police.

3. During the last hearing, on the basis of the submission of the learned counsel for the petitioner, this Court directed the petitioner to produce the original agreement and the same is produced today.

4. In view of the above, the very Non-traceable certificate issued by the police as if there was an investigation which resulted in issuance of Nontraceable certificate is nothing but clear fabrication of records. Hence, the impugned non-traceable certificate stands quashed dated 02.03.2021. 2/4

5. Accordingly, this petition is allowed. No costs. Consequently, connected miscellaneous petitions stand closed. 21.08.2025 dhk Index :Yes/No Internet :Yes/No To

1. The Sub Registrar Avinasi, Tiruppur District 2.State Rep by Sub Inspector of Police Sulthanpettai Police Station Coimbator District 3/4

N.SATHISH KUMAR, J.

dhk W.P.No.2398 of 2022 21.08.2025 4/4