M.Suresh Chellaiah v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.01.2024

CORAM

THE HONOURABLE MRS .JUSTICE R.HEMALATHA W.P(MD)No.1131 of 2024 M.Suresh Chellaiah ... Petitioner Vs 1.The Commissioner of Police Tiruchirappalli District, Tiruchirappalli.

2.State Rep. By The Inspector of Police, Thillai Nagar Police Station, Thillai Nagar, Tiruchirappalli-620018 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent no.2 to issue Non Traceable Certificate for the missing sale deed, bearing Document No.3008 of 1986, on the file of the Sub Registrar Office, Trichy Joint-I, dated 02.06.1986, based on the Petitioner's Complaint dated 01.02.2023 in CSR.No.545 of 2023 pending on the file of the 2nd Respondent. For Petitioner : Mr.K.Lenin For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

ORDER

The present writ petition is filed seeking a direction to the second respondent to issue a "Non Tracable Certificate", based on the Petitioner's Complaint, dated 01.02.2023, in CSR.No.545 of 2023.

2. The contention of the petitioner is that he lost his original document pertaining to Plot No.2 in Survey No.179/4, situate at Venugopalan Nagar, Kottapattu Village, Tiruchirappalli District, and though he lodged a complaint with the second respondent police in this regard, they have neither taken any action to trace out the missing document nor issued a "Non Traceable Certificate" till date. He has therefore filed the present Writ Petition.

3. Mr.T.Senthil Kumar, learned Additional Public Prosecutor, on instructions, would contend that the complaint preferred by the petitioner was registered in C.S.R.No.545 of 2023 and since the present petitioner did not file certified copies of Encumbrance Certificate, Legal heirship Certificate and Notary certified parent 2/4

documents, the Police is unable to issue a "Non Traceable Certificate" of the missing document.

4. The contention of the petitioner is that he had submitted all the relevant documents as per the procedures and guidelines issued by the Director General of Police.

5. Since the Petitioner had contended that he had submitted all the relevant documents, the respondent police is directed to consider the Petitioner's complaint, dated 01.02.2023, registered in C.S.R.No.545 of 2023 and dispose of the same as expeditiously as possible.

6. With the above direction, this Writ Petition stands disposed of. No costs.

22.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No LS 3/4

R.HEMALATHA,J.

LS To 1.The Commissioner of Police Tiruchirappalli District, Tiruchirappalli.

2.The Inspector of Police, Thillai Nagar Police Station, Thillai Nagar, Tiruchirappalli-620018 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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