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Madras High CourtWP(MD)/5016/2024disposed of

A.Suseela v. The Commissioner Of Police

2024-03-04Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.5016 of 2024 A.Suseela ... Petitioner /vs./ 1.The Commissioner of Police, Tiruchirappalli District, Tiruchirappalli.

2.The Inspector of Police, Gandhi Market Police Station, Gandhi Market, Tiruchirappalli - 620 008.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second Respondent to register the Petitioner's complaint and to issue Non Traceable Certificate of the missing sale deed bearing Document No.213 of 1996 on the file of the Sub Registrar Office, Trichy Joint-III dated 12.02.1996, based on the Petitioner's complaint dated 06.12.2023 in reference No.CHS23289113 on the file of the Tamil Nadu Police CCTNS-Citizen Portal and also the Complaint dated 14.02.2024 on the file of the second Respondent.

For Petitioner : Mr.R.A.Aswin Raja For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition for issuance of Writ of Mandamus, seeking direction against the second Respondent to register the Petitioner's complaint and to issue Non Traceable Certificate of the missing sale deed bearing Document No.213 of 1996 on the file of the Sub Registrar Office, Trichy Joint-III dated 12.02.1996, based on the Petitioner's complaint dated 06.12.2023 in reference No.CHS23289113 on the file of the Tamil Nadu Police CCTNS-Citizen Portal and also the Complaint dated 14.02.2024 on the file of the second Respondent.

2. The learned Government Advocate (Criminal Side) on instructions of the Respondents would submit that as per the Circular issued by the Director General of Police/Head of State Police Force, Tamil Nadu, Chennai, in Rc.No. 2029209/General.4(1)/2022, dated 01.04.2022, the Field Officers were directed to follow certain Standard Procedures. The Petitioner has to comply the circular of Director General of Police regarding non traceable certificate by furnishing certified copy of the document that is alleged to have been missed by her. The Petitioner shall furnish her photographs along with proof of Identity and copies of newspaper publication. Also the Petitioner shall give an undertaking that if 2/5

the lost original document is found, it will be informed to the Respondent Police promptly and if non traceable certificate is misused for any illegal transactions, the Petitioner is liable for prosecution. On such undertaking only, non traceable certificate will be issued. He would further submit that the Petitioner has to appear before the Respondent Police, with all relevant documents. On such production of documents and application, the Respondents are ready to abide by the circular of DGP/ Head of State Police Force, Tamil Nadu.

3. In the light of the submissions made by the learned Counsel for the Petitioner and the learned Government Advocate, the Petitioner is directed to produce the certified copy of the documents that he had lost along with sufficient number of photographs of the Petitioner along with proof of identity of the Petitioner. The Petitioner shall submit copies of paper publication and give an undertaking to the effect that if the lost original document is found, it will be informed to the Respondent Police promptly and if she misuse the nontraceable certificate for any illegal transaction, she is liable for criminal prosecution. The Petitioner is directed to appear before the Respondents in person with all relevant documents. On such appearance of the Petitioner with all relevant documents and photographs, as per the circular of Director General of Police/Head of State Police Force, Tamil Nadu, Chennai, in Rc.No. 3/5

2029209/General.4(1)/2022, dated 01.04.2022, the Respondents shall consider and pass appropriate order within a period of one month from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs. 04.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr TO:

1.The Commissioner of Police, Tiruchirappalli District, Tiruchirappalli.

2.The Inspector of Police, Gandhi Market Police Station, Gandhi Market, Tiruchirappalli - 620 008.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr Order made in W.P.(MD)No.5016 of 2024 Dated:

04.03.2024 5/5