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Madras High CourtWP(MD)/2609/2023disposed of

Thangalakshmi S v. The Commissioner Of Police

2023-02-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR S.Thangalakshmi ... Petitioner Vs.

1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai District.

2.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District.

3.The Inspector of Police, Mattuthavani Police Station, Mattuthavani, Madurai District.

4.The Inspector of Police, Karuppayurani Police Station, Karuppayurani, Madurai 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 third respondent to issue a NOC (Not Traceable Certificate) in respect of missing property document No.438/1994 and No.1018/1991 in survey 1/4

number 36/2B1A2B1A1A2 and 36/1, by considering the petitioner's representation dated 17.12.2022.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the third respondent to issue a NOC (Not Traceable Certificate) in respect of missing property document No. 438/1994 and No.1018/1991 in survey number 36/2B1A2B1A1A2 and 36/1, by considering the petitioner's representation dated 17.12.2022. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.The learned counsel appearing for the petitioner would submit that in the year 1997, fire accident was occurred in the petitioner's house and the original sale deeds in Document No.438/1994 in Survey No. 36/2B1A2B1A1A2, Plot No.55, Seeman Nagar, Melamadai 2nd bit, 2/4

Theppakulam, Madurai North Taluk and Document No.1018/1991, in Survey No.36/1, Plot No.1, Seeman Nagar, Melamadai 2nd bit, Teppakulam, Madurai North Taluk were destroyed. Hence, the petitioner has lodged a complaint before the respondents police. However, there is no action till date. Hence, the petitioner filed the present petition. 4.The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner did not produce any relevant documents and therefore, the respondents are not in a position to give the certificate as sought for by the petitioner. 5.It is evident that the petitioner has not produced any records and simply given a representation seeking Not Traceable Certificate. Hence, the petitioner is directed to produce some proof and on receiving of the same, the third respondent is directed to consider the same and pass orders by following the circular issued by the Director General of Police Accordingly, this writ petition is disposed of. No costs. 09.02.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No gns 3/4

K.MURALI SHANKAR, J gns To 1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai District.

2.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District.

3.The Inspector of Police, Mattuthavani Police Station, Mattuthavani, Madurai District.

4.The Inspector of Police, Karuppayurani Police Station, Karuppayurani, Madurai District.

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

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