Madras High CourtWP/16520/2018disposed of

Dhanabakkiyam, v. The State By Inspector Of

2018-07-05Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16520 of 2018 Dhanabakkiyam W/o Sundararaj ..

Petitioner -vsThe State by Inspector of Police Vellakovil Police Station Tiruppur District ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider petitioner's representation dated 26.02.2018 and issue a non-traceable certificate in respect of the missing sale deed dated 16.09.1982 registered as Document No.1965 of 1982 on the file of the Sub Registrar, Kangayam. For Petitioner :: Mr.R.Prabakar For Respondent :: Mrs.P.Rajalakshmi Additional Government Pleader

ORDER

Mrs.Dhanabakkiyam, W/o Sundararaj, claiming to be the owner of the land covered in old Survey Field No.637, Re-Survey No.637/1A having an extent of 1.94 acres in Vellakovil village, Kangayam, has come to this Court seeking a mandamus directing the respondent to consider her representation dated 26.2.2018, wherein she has pleaded that when she took the registered sale deed dated 16.9.1982 bearing Document No.1965 of 1982 to the Sub Registrar's office, Vellakovil for making an application for encumbrance certificate on 3.1.2018, on her way, she lost the said document. Immediately, she also effected a public notice in "The Daily Thanthi" newspaper on 30.1.2018 stating that if anybody traces the document, the same can be brought to her notice.

Thereafter, she has also given a representation to the respondent and other authorities to trace out the aforementioned original sale deed. Finally she has also approached the respondent police to issue the non-traceable certificate in respect of the missing sale deed dated 16.9.1982. But the same has not been considered. Therefore, she has been advised to come to this Court.

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2. Mrs.P.Rajalakshmi, learned Additional Government Pleader takes notice on behalf of the respondent.

3. This Court, considering the fact that a representation has been given by the petitioner to the respondent-Inspector of Police, Vellakovil Police Station, Tiruppur District, hereby directs the petitioner to furnish the copy of the representation dated 26.2.2018 along with a copy of this order to the respondent within three days from the date of receipt of a copy of this order and on receipt of such representation, the respondent shall consider the same and issue the non-traceable certificate in respect of the sale deed dated 16.9.1982 bearing Document No.1965 of 1982, within a period of one week thereafter. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ss To

1. The Inspector of Police Vellakovil Police Station Tiruppur District +1cc to Mr.R.Prabakar, Advocate Sr.No.43729 +1cc to Government Pleader SR.No.44046 sm:16.7.2018 W.P.No.16520 of 2018 https://hcservices.ecourts.gov.in/hcservices/