Kannan.T v. The Superintendent Of Police
W.P.(MD)No.3209 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2021 CORAM :
THE HON'BLE MR JUSTICE G.ILANGOVAN W.P.(MD)No.3209 of 2021 T.Kannan ... Petitioner Vs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Oomachikulam Police Station, Oomatchikulam Madurai.
... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation, dated 09.12.2020, in physically and also on 21.01.2021 through online and to issue a missing certificate to the petitioner on the basis of the representation for missing the above said documents on 01.12.2020. For Petitioner : Mr.P.Shanmugam For R1 & R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor///
O R D E R
This Writ Petition is filed seeking a direction to the first respondent to consider the petitioner's representation, dated 09.12.2020, in physically and also on 21.01.2021 through online and to issue a missing certificate to the petitioner on the basis of the representation for missing the above said documents on 01.12.2020.
2. The case of the petitioner is that on 01.12.2020, the petitioner was taking the original partition deed document and other original documents for the purpose of taking xerox copies. When he reached the Centre, he found that the original documents missed, which were kept in his two wheeler. Hence, he gave complaint, on 09.12.2020 physically. But, there was no action. Hence, on 21.01.2021, he submitted a similar complaint before the second respondent through on-line. Since all the efforts taken by the petitioner ended in vain, he is before this Court with the present Writ Petition.
3.When the matter is taken up for hearing, the learned Additional Public Prosecutor for the respondents would submit that in respect of issue the Non-traceble Certificate for missing document, the Director General of Police has issued a circular in https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.3209 of 2021 e.f.vz;.116/Kfhk; / fh.J.J.j/2020, ehs;
31.07.2020, and the first respondent has to follow the same. According to him, the procedure has to be scrupulously followed by the second respondent before issuing the Certificate. So, it will take some time, since the request has to be given to the State Record Bureau as well as the District Records Bureau and he seeks three months time to complete the enquiry.
4.Considering his request as well as the Circular issued by the Director General of Police, e.f.vz;.116/Kfhk; / fh.J.J.j/2020 ehs; 31.07.2020, there shall be a direction to the second respondent to complete the enquiry within a period of three months from the date of receipt of a copy of this order and act as per the outcome of the enquiry.
5.With the above direction, this Writ Petition is disposed of.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Oomachikulam Police Station, Oomatchikulam Madurai.
3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.SHANMUGAM, Advocate ( SR-20404[F] dated 28/06/2021 ) W.P.(MD)No.3209 of 2021 25.06.2021 RK (19.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2