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Madras High CourtWP/5456/2025disposed of

K.Sivasamy v. The State Of Tamil Nadu

2025-02-18Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Sivasamy ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by the Superintendent of Police Tiruppur District Tiruppur 2.The State of Tamil Nadu Rep. by the Inspector of Police Udumalpet Police Station Trippur District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to issue a Non traceable Certificate in respect of Original Parental Document No.551/2004, dated 06.11.2004, which was registered before the Sub-Registrar office at Komangalam in the light of complied the procedure mentioned in the Circular Memorandum Rc.No.2029209 / General.1 (1)/2022 dated 01.04.2022 issued by the Director General of Police on the basis of petitioner's representation dated 07.12.2024 within a time stipulated by this Court.

For Petitioners : Mr.B.Anandan For Respondents : Mr. A.Gopinath, Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed to direct the respondents to issue a Non traceable Certificate in respect of Original Parental Document No.551/2004, dated 06.11.2004, which was registered before the SubRegistrar office at Komangalam in the light of complied the procedure mentioned in the Circular Memorandum Rc.No.2029209 / General.1 (1)/2022 dated 01.04.2022 issued by the Director General of Police on the basis of petitioner's representation dated 07.12.2024 within a time stipulated by this Court.

2.The petitioner lodged a complaint before the third respondent for missing of Original Parental Document No.551/2004, dated 06.11.2004, pertaining to a sale deed bearing Doc.No.1604 of 2024, dated 15.05.2024 in respect of the land comprising of 2 acres in Survey No.278/1B1. Though the petitioner has complied with the specific procedures issued

by the Director General of Police in Circular Memorandum in Rc.No.2020209/General.1(1)/2002, dated 01.04.2022, the representation of the petitioner dated 07.12.2024 seeking to issue non traceable certificate have not been considered by the respondents and the same is kept pending till date.

3. Learned Govt. Advocate (crl.side) appearing for the respondents submitted that if the petitioner produces the relevant material documents for issuance of non traceable certificate fulfilling all the conditions imposed in the circular by the Director General of Police, dated 01.04.2022, for issuance of Non Traceable Certificate in respect of missing documents. the same would be considered and appropriate orders will be passed.

4. In view of the above, the 2nd respondent is directed to consider the representation of the petitioner dated 07.12.2024 for issuance of non traceable certificate in respect of original parental document No.551/2004, dated 06.11.2004 in the light of the procedures mentioned

in the Circular Memorandum Rc.No.2029209/General.1(1)/2022, dated 01.04.2022, after giving opportunity to the petitioner and pass orders on the same within a period of two weeks from the date of receipt of a copy of this order.

5.

With the above directions, this Writ Petition is disposed of. No costs.

18.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order msr To 1.The Superintendent of Police Tiruppur District Tiruppur 2.The Inspector of Police Udumalpet Police Station Trippur District 3.The Public Prosecutor High Court of Madras Chennai 600 104

G.K.ILANTHIRAIYAN, J.

msr 18.02.2025