← Library
Madras High CourtWP(MD)/4372/2022disposed of

Yasothai v. The Superintendent Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Yasothai ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2. The Inspector of Police, Elumalai Police Station, 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 2nd respondent to issue a ''Non Traceable Certificate'' to the petitioner in respect of missing sale deed vide Document No.1534 of 1979 dated 16.06.1979 based on the petitioner's complaint dated 24.12.2020 within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.D.S.Haroon Rasheed For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The writ petition has been filed in the nature of Mandamus, seeking a direction to the second respondent to issue a non-traceable certificate.

2.The petitioner has purchased a property comprised in S.No.54/9 measuring to an extent of 18 cents, S.No.54/10 measuring to an extent of 6 cents, S.No.54/10 measuring to an extent of another 6 cents, S.No.54/12 measuring to an extent of 9 cents, S.No.51/14 measuring to an extent of 63 cents, S.No.51/17 measuring to an extent of 24 cents, S.No.51/18 measuring to an extent of 38 cents, totally to an extent of 1Acre 64 cents situated at Erumarpatti Village, Usilampatti Taluk, Madurai District. When the petitioner was taking xerox copy of the original sale deed, he found that the sale deed vide document No.1534 of 1979, dated 16.06.1979 was missing. Therefore, he lodged a complaint on 26.11.2020.

1/3

3.The learned Additional Public Prosecutor stated that based on the complaint lodged by the petitioner, the respondent police had completed the investigation and closed the complaint. 4.In view of the above, the petitioner is directed to lodge a fresh complaint after making paper publication of missing document and on receipt of the same, the second respondent is directed to conduct enquiry and issue non traceable certificate to the petitioner. The second respondent is also directed to verify that whether the missing document was deposited for any other purpose by the petitioner.

5.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (WRITS) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Elumalai Police Station, Madurai District.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

11.03.2022 USK/22.03.2022/2P/4C 2/3

3/3