Saimon v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Saimon ... Petitioner Vs.

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

2.The Inspector of Police, Kalakkadu Police Station, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to issue a non-traceable certificate in respect of the documents viz., original sale deed in Document No.66/1994 on the file of the Sub Registrar, Cheranmahadevi in the light of the circular issued by the Director General of Police, Tamil Nadu in Rc.No.2029209/General.1 (1)/2022 dated 01.04.2022.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the second respondent to issue a non traceable certificate in respect of the document viz., original sale deed in Document No.66/1994 on the file of the Sub Registrar, Cheranmahadevi in the light of the circular issued by the Director General of Police, Tamil Nadu in Rc.No.2029209/General.1 (1)/2022 dated 01.04.2022.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner would submit that the writ petitioner has lodged an online complaint on 26.05.2022 for missing of his original sale deed Document No.66 of 1994 and the same was closed and hence, he has lodged a complaint before the second respondent on 30.05.2022, but no action was taken. He would further submit that the writ petitioner has also made paper publication with regard to the missing of original document. 2/4

4. The learned Additional Public Prosecutor appearing for the respondents would submit that the writ petitioner may be directed to appear before the second respondent and the second respondent may be directed to follow the circular issued by the Director General of Police.

5. Recording the submission made by the learned Additional Public Prosecutor, the writ petitioner is directed to appear before the second respondent and on such appearance, the second respondent is directed to conduct enquiry and issue Non-traceable Certificate to the writ petitioner, after ensuring the said document has not been deposited for any purpose following the circular issued by the Director General of Police.

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

23.01.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 3/4

K.MURALI SHANKAR, J csm To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Kalakkadu Police Station, Tirunelveli District.

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

Order made in Dated : 23.01.2023 4/4