Madras High CourtWP(MD)/4196/2025disposed of

Banuchandar v. The Commissioner Of Police

2025-02-18Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Banuchandar ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Palayamkottai Police Station (Crime), Tirunelveli City.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to issue a non-traceable certificate in respect of the document viz., Residential permit card (Number 760406923) issued by Lithuania Embassy to the petitioner in the light of the circular issued by the Director General of Police, Tamil Nadu in Rc.No.2029209/General.1 (1)/2022, dated 01.04.2022 and pass such further or other orders as this Court. For Petitioner : Mr.M.Maharaja 1/5

For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The present petition has been filed for issuance of Writ of Mandamus directing the second respondent to issue a non-traceable certificate in respect of the document viz., Residential permit card (Number 760406923) issued by Lithuania Embassy to the petitioner in the light of the circular issued by the Director General of Police, Tamil Nadu in Rc.No.2029209/General.1 (1)/2022, dated 01.04.2022.

2. According to the petitioner, the petitioner got a job opportunity in the country, namely, Lithuania. Therefore, he applied for the residential permit before the Government of Lithuania (European Country). On 04.12.2024, a residential permit card was issued to the petitioner by Lithuania Embassy and the number of the card is 760406923. The residential permit was issued to the petitioner for two years and the validity of the said permit is till 04.12.2026. While so, the petitioner went to the HDFC Bank, Vannarpettai Branch, Tiruneveli for opening of account on 08.01.2025. At that time, he lost his 2/5

original permit for Lithuania Embassy. Therefore, the next day, he approached the second respondent and preferred a complaint. Thereafter, not taken any steps. As per the circular of the Director General of Police, dated 01.04.2022, they have to issue non traceable certificate after following all the formalities. The petitioner also made paper publication, dated 28.01.2025 in a daily newspaper, namely, Dinamalar and again the petitioner sent a representation to the second respondent on 29.01.2025 to issue non traceable certificate. But they have not taken any steps. Already the petitioner booked flight tickets on 16.01.2025 to go to Lithuania from Delhi. Due to the residential permit, he is unable to go there. Therefore, the petitioner filed this petition.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that already they received the representation of the petitioner and they will consider and dispose of the same, within 15 days from the date of this order.

4. Since the prayer of the petitioner is to direct the second respondent to issue non traceable certificate and the same is under consideration by the second respondent, this Court directs the second respondent to complete the 3/5

enquiry and consider the representation of the petitioner, dated 29.01.2025, in accordance with law, within a period of 15 days from the date of this order.

5. With the above said observations and directions, this writ petition stands disposed of. There shall be no order as to costs. 18.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Issue order copy on 19.02.2025.

To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Palayamkottai Police Station (Crime), Tirunelveli City.

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P.DHANABAL, J.

BTR 18.02.2025 5/5