Muthu.K.M v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.1664 of 2024 K.M.Muthu ... Petitioner /vs./ 1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The Sub Inspector of Police, Perunkudi Police Station, Perunkudi, Madurai.

3.The Sub Inspector of Police, Avaniapuram Police Station, Avaniapuram, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to issue Non traceable Certificate with regard to the document vide No.4762/1987 dated 15.12.1987 registered on the file of Joint Sub Registrar No.I, Madurai South, Madurai District in pursuant to the complaint given to the second Respondent on 19.10.2022 and paper publication dated 15.11.2023 in the news papers i.e., Dinamani and Indian Express, Madurai Edition. 1/5

For Petitioner : Mr.G.RajaRaman For Respondents : Mr.T.SenthilKumar Additional Public Prosecutor

ORDER

The learned Counsel for the Petitioner submit that the Petitioner had filed this Writ Petition seeking direction against the Respondents to issue the Non Traceable Certificate to the Petitioner with regard to the Document No.4762/1987 dated 15.12.1987, registered on the file of the Joint Sub Registrar No.I, Madurai South, Madurai District.

2. The learned Additional Public Prosecutor submitted that the third Respondent is the competent authority. As per the Circular issued by the Director General of Police/Head of State 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. He would further submit that the Petitioner is directed to furnish the details of the missing documents mentioned in the circular of DGP.

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3. Accordingly, the Petitioner is directed to furnish the details regarding the lost Document. Only then, the third Respondent Police will be able to issue the "Non-Traceable Certificate". The Petitioner is also 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.

4. The Petitioner is directed to follow the Procedures as stated in the Circular of the Director General of Police, which was informed to the Petitioner by the Respondent Police. The Petitioner shall furnish the 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 pass appropriate orders as per the Circular of the Director General of Police within the period of one month from the date of receipt of a copy of this order.

6. With the above directions, this Petition is disposed of. No costs. 31.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr TO:

1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The Sub Inspector of Police, Perunkudi Police Station, Perunkudi, Madurai.

3.The Sub Inspector of Police, Avaniapuram Police Station, Avaniapuram, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr Order made in W.P.(MD)No.1664 of 2024 Dated:

31.01.2024 5/5