D.Shanmugasundaram v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2024 CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH D.Shanmugasundaram ... Petitioner
Versus
1.The Superintendent of Police, Office of the Superintendent of Police, Tiruppur.
2.The Inspector of Police, Aninasi Police Station, Tiruppur.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 03.11.2023 and to direct the 2nd respondent to issue Non-traceable Certificate for the missing original sale deed No.3935/2016 dated 23.03.2016 as per the Circular Memorandum in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022. For Petitioner : Mr.K.Kathiresan For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4
O R D E R
This Writ Petition has been filed for a direction to the respondents to consider the petitioner's representation dated 03.11.2023 and to direct the 2nd respondent to issue Non-traceable Certificate for the missing original sale deed No.3935/2016 dated 23.03.2016 as per the Circular Memorandum in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022
2. Learned counsel for the petitioner would submit that the petitioner had lost his original sale deed bearing Doc.No.3935/2016 on the file of the Sub Registrar, Avinasi. Hence, he preferred a complaint on 03.11.2023 before the 1st 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 Non-traceable certificate.
4. Under such circumstances, there shall be a direction to the petitioner to attend the enquiry before the 2nd respondent along with all 2/4
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 respondents within a period of four (4) weeks from the date of receipt of a copy of this order.
5. This Writ Petition is disposed of with the above direction. No costs.
05.01.2024 Index: Yes/No Speaking Order / Non-Speaking Order ata N.ANAND VENKATESH, J ata 3/4
To 1.The Superintendent of Police, Office of the Superintendent of Police, Tiruppur.
2.The Inspector of Police, Aninasi Police Station, Tiruppur.
3.The Public Prosecutor, High Court, Madras.
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