Chandramohan. R v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA and W.M.P(MD).Nos.3613 and 3614 of 2024 R.Chandramohan ... Petitioner Vs.

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

2.The Sub Inspector of Police, Thadikombu Police Station, Dindigul East Taluk, Dindigul District.

3.The Joint No.II Sub Registrar, Integrated Registration Office Complex, Collectorate Campus, Dindigul.

4.S.Baskaran @ Nagaraj 5.K.Vijayan 6.S.Chinnadurai ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the ''Non Traceable Certificate'' dated 14.10.2023 issued by the second respondent and quash the same as illegal.

For Petitioner : Mr.V.Baskaran For R-1 to R-3 : Mr.T.Amjad Khan Government Advocate For R-4 to R-6 : No Appearance

O R D E R

This Writ Petition has been filed seeking to quash the ''Non Traceable Certificate'' dated 14.10.2023 issued by the second respondent

2. Heard Mr.V.Baskaran, learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate for the respondents 1 to 3.

3. Mr.V.Baskaran, learned counsel for the petitioner submitted that the petitioner has challenged the non traceable certificate issued by the second respondent regarding the complaint given by the fifth respondent on the allegation of missing documents. The petitioner has stated that he 2/5

was interested in the property involved in the documents alleged to have been missing and that the 5th respondent has misled the second respondent and obtained the non traceable certificate with some ulterior motive.

4. Even if the fifth respondent has utilized the said certificate for registering any documents of conveyance, the remedy open to the petitioner is only by way of filing civil litigation and not by way of filing a Writ Petition. Since the factual situation can be dealt only by the civil Court, the Writ Petition is a not Maintainable.

5. In view of the above stated reasons, this Writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petitions are closed.

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To:

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

2.The Sub Inspector of Police, Thadikombu Police Station, Dindigul East Taluk, Dindigul District.

3.The Joint No.II Sub Registrar, Integrated Registration Office Complex, Collectorate Campus, Dindigul.

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R.N.MANJULA, J.

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