Jothimani .C v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2024

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.465 of 2024 C.Jothimani ... Petitioner /vs./ 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police Vaiyampatti Police Station, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to trace out the original settlement deed in Doc.No.4952/2009 dated 07.12.2009, which was registered in the Sub Registrar Office, Manapparai, Tiruchirappalli District, executed in favour of the Petitioner or to issue a Non-Traceable Certificate to her, within time frame as fixed by this Court. For Petitioner : Mr.A.N.Ramanathan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

The learned counsel for the Petitioner submits that the Writ Petition had been filed against with the 2nd Respondent regarding missing document, ie. Original Settlement Deed registered as Document No. 4952/2009, dated 07.12.2009 and to issue "Non-Traceable Certificate". Since the Respondent Police had not registered any case, the Petitioner was forced to file this Writ Petition seeking direction of a Writ of Mandamus against the Respondents 1 and 2.

2. The learned Additional Public Prosecutor by way of reply submits that as per the Circular of the Director General of Police / Head of Police Force, Tamil Nadu, Chennai, in Rc.No.2029209/General. 4(1)/2022, dated 01.04.2022, the Field Officers were directed to follow certain Standard Procedures.

3. Accordingly, the Petitioner is directed to issue Public Notice regarding the lost Document. Only then, the Respondent Police will be able to issue the "Non-Traceable Certificate". The Petitioner is also 2/5

directed to furnish the following documents along with the Petition: (i). Two Certified copies of the document/s which is alleged to have been lost (obtained within a month prior to the presentation of the petition at the Police Station from the concerned Sub Registrar Office). (ii) Recent photograph of the Petitioner or that of his power of attorney.

(iii) Copy of Aadhar Card or Voter ID or Passport (No other Identity proof will be accepted).

(iv) News paper advertisements in original as mentioned in Para 6. (v). Undertakings mentioned in Paras 7 and 8.

4. The Petitioner is directed to follow the Procedures as stated in the Circular of the Director General of Police, which was directed by the 2nd Respondent. The Petitioner shall furnish details of the document along with the Petitioner's photograph and proof of Identity to the Respondent Police.

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5. On such furnishing of documents and photographs, the Respondent Police shall act as per the Circular of the Director General of Police, within a reasonable time.

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

10.01.2024 Index : Yes / No Internet : Yes / No NCC : Yes/ No LS TO:

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police Vaiyampatti Police Station, Trichy District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP, J.

LS W.P.(MD)No.465 of 2024 10.01.2024 5/5