M/S. The Anjuman-E-Himayath-E-Islam v. The Inspector Of Police (Crime)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2026
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR M/s.The Anjuman-e-Himayath-e-Islam, Rep. By its Authorized Signatory M.A.Azeez No.26, Karpoora Street, Periamet, Chennai - 600 003.
... Petitioner vs.
The Inspector of Police (Crime), Teynampet Police Station, Teynampet, Chennai - 600 018.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the repsondent to issue the non-traceable certificate to the petitioner for hte missing document vide Sale Deed dated 03.05.1940 registered as Document No.1006 of 1940 at hte Office of the Sub-Registrar, Mylapore, Chennai pertaining tot he petitioner's property measuring an extent of 11 acres 93 cents of land situated in Thiagaraya Nagar comprised in Old Survey No.49, 58/2, 50 and 57 parts, New Survey No.4835/3 having purchased on larger extent of 19.05 acres, in view of the petitioner's representation dated 29.07.2025 and 19.11.2025 respectively.
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For Petitioner :
Mr.J.Ashok For Respondent :
Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor
ORDER
The petitioner M/s.The Anjuman-e-Himayath-e-Islam represented by its authorized signatory Mr.M.A.Azeez had given representations dated 29.07.2025 and 19.11.2025 to the respondent, but no action was taken. Hence, the present writ petition filed.
2.The petitioner Society is the absolute owner of the property covered under sale deed in Document No.1006 of 1940 dated 03.05.1940 registered at SRO, Mylapore, Chennai. The property of the Trust measures 19 acres, out of the said extent 6.66 acres already sold to third parties and the remaining extent of 11 acres 93 cents was held by the Society. A portion of the property was leased out and the same was registered as Document No.545 of 2013 in SRO, T.Nagar, Chennai. The ownership of the property continues to rests absolutely with the Trust. For the purpose of renewal, the petitioner approached the SRO on 30.01.2024 in respect of the lease vide Document No.545 of 2013, at that time, the SRO informed that as per the Page No.2 of 14
procedure, the original sale deed pertaining to the property required to be produced. Thereafter, a search was conducted in the Trust office and it was found that the original sale deed bearing Document No.1006 of 1940 dated 03.05.1940 could not be traced and found missing. Since the original sale deed is not available in the Office records, it could not be traced and complaint lodged for missing document. C.S.R.No.187 of 2024 assigned and thereafter nothing happened. On 29.07.2025, a reminder was sent to the respondent followed by another reminder on 19.11.2025. Further, the respondent was directed to cause a public notice and the same was caused. An affidavit was requested and the same was filed giving details of the property already sold by the Trust, property leased out and the property held by the Trust.
Another public notice in Tamil language was also published and encumbrance certificate for the property obtained and submitted. The SRO sent a communication in D.No.464/2025 dated 18.11.2025 in response to the respondent's query. Despite submission of all documents, still nontraceable certificate not issued. Hence, the lease deed could not be dealt with causing serious ramifications and the petitioner's right in enjoyment over the property becomes questionable.
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3.The learned Additional Public Prosecutor submitted that the petitioner lodged a complaint, C.S.R. number assigned, thereafter paper publication both in English and Tamil made. The petitioner also submitted encumbrance certificate and necessary verification with the SRO made and following the circular issued by the Director General of Police in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022, soon the non-traceable certificate will be issued.
4.The learned counsel for the petitioner submitted that there have been 19 conditions in the Circular in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022, out of which, the respondent got an obligation to complete certain formalities and in this case, except for Condition Nos.13 and 14, all other conditions complied with and those Condition Nos.13 and 14 to be complied with by the respondent.
5.A scanned reproduction of the Circular issued by the Director General of Police in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022 is as follows:
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6.Considering the submissions made, it is seen that the petitioner Trust is one of the well known oldest Trust continuing with its religious and social activities. The document pertains to the year 1940 and when the document was found missing, complaint was immediately lodged and following the directions of the Director General of Police in the Circular in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022, the petitioner had taken paper publication and filed affidavit, obtained encumbrance certificate and obligations of the circular complied with. Now, it is for the respondent police to further complete the procedures as contemplated in the circular of the Director General of Police. This circular came to be issued on the orders of this Court in Crl.O.P.No.
3307 of 2022 since that the public/citizens are finding it difficult to get non-traceable certificate so that the certified copy of the lost document can be dealt with as primary document. The Police throughout the State were following different procedures and hence, to follow uniform pattern of procedure, this circular was issued. It is seen that complaint was lodged on 25.03.2024 and almost more than two years have passed by, therefore the act of the respondent police is nothing but a sheer callousness shown in issuance of non-traceable certificate which is not Page No.
proper. In view of the same, this Court directs the respondent police to follow the circular in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022, complete the enquiry and issue non-traceable certificate to the petitioner within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this period of four weeks is only an outer limit. 7.With the above directions, this Writ Petition Criminal stands disposed of. No costs.
17.03.2026 Index: Yes/No Speaking Order/Non-Speaking Order cse Page No.12 of 14
To 1.The Inspector of Police (Crime), Teynampet Police Station, Teynampet, Chennai - 600 018.
2.The Public Prosecutor, Madras High Court.
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M.NIRMAL KUMAR, J.
cse 17.03.2026 Page No.14 of 14