Mallika v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Mallika ... Petitioner Vs

1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Thiruvadanai Police Station, Thiruvadanai, Ramanathapuram 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 2nd respondent to issue a non traceable certificate to the petitioner in respect of original sale deed dated 07.05.1979 registered as Document No. 392/1979 on the file of the Sub Registrar Thiruvadanai, Sivagangai District based on the online complaint dated 03.05.2024 within time stipulated by this Court.

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For Petitioner : Mr.B.Mahendrarajan, For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petition has been filed seeking to issue a non traceable certificate to the petitioner in respect of original sale deed dated 07.05.1979 registered as Document No.392/1979 on the file of the Sub Registrar Thiruvadanai, Sivagangai District, based on the online complaint dated 03.05.2024.

2.According to the petitioner, he purchased the property in S.No. 154/2A, Kadampakudi Group, Thiruvadanai Taluk, Sivagangai District through a sale deed dated 07.05.1979. On 08.03.2024, he went to the Taluk Office of Thiruvadanai, at that time, the original document was lost while taking xerox copies. Thereafter, he was unable to trace out the document. Therefore, he lodged the complaint through online portal on 03.05.2024 and also effected paper publication about the missing of the original document. But the second respondent did not take any action on the complaint and they have not followed the circular issued by the Director General of Police in R.C.No.2029209/General.1(1)/2022. 2/5

Therefore this petition has been filed.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner filed online complaint and thereafter he has not produced relevant documents. Hence the respondent police has closed the said complaint. He further submits that if any fresh complaint is lodged by the petitioner along with relevant documents, the same will be considered.

4.In view of the same, it is appropriate to direct the petitioner to file a fresh complaint to the second respondent along with required particulars. Thereafter, the second respondent is directed to consider the same on merits and in accordance with law, within a period of one month from the date of receipt of a fresh complaint. Accordingly ordered.

5. With the above direction, this writ petition is disposed of. 05.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 3/5

To

1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Thiruvadanai Police Station, Thiruvadanai, Ramanathapuram District.

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

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P.DHANABAL , J.

LR 05.02.2025 5/5