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Madras High CourtWP(MD)/7481/2025disposed of

I.Periyamuthirulan v. The Superintendent Of Police

2025-03-20Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL I.Periyamuthirulan ... Petitioner Vs.

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

2. The Sub Inspector of Police, Perungudi Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the 2nd respondent to issue Non Traceable Certificate to the petitioner relating to the missing Partition Deed vide Doc.No. 7877/2006 dated 28.11.2006 on the file of the Joint No.1 Sub Registrar Office, Madurai, by considering the petitioners representation dated 22.02.2025, within the time frame as fixed by this Court.

For Petitioner : Mr. A.C. Asaithambi For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 4

O R D E R

This writ petition has been filed by the petitioner to direct the second respondent to issue Non Traceable Certificate to the petitioner relating to the missing Partition Deed vide Doc.No.7877 of 2006 dated 28.11.2006 on the file of the Joint No.1 Sub Registrar Office, Madurai, by considering the petitioner's representation dated 22.02.2025, within the time frame as fixed by this Court.

2. According to the petitioner, the petitioner's father and others entered into a partition deed dated 28.11.2006 and the same was registered in Joint No.1 Sub Registrar Office, Madurai, in Document No. 7877 of 2006. The original partition deed was under the custody of the petitioner's father, namely, Irulandi. He died on 07.11.2020. Thereafter, the petitioner searched the original document, but unable to trace out and he has only the xerox copies. In this connection, the petitioner lodged a complaint before the second respondent police and they advised to register a online complaint. Accordingly, he sent a representation dated 22.02.2025 through registered post for the issuance of Non Traceable Certificate, but the same has not been considered. Hence this petition. Page No. 2 of 4

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that they have received the representation of the petitioner and thereafter, the petitioner has not appeared for enquiry and not produced the sufficient documents. If the petitioner appears and produced the necessary documents, then they will consider the representation of the petitioner and take appropriate steps in accordance with law.

4. Considering the limited prayer sought for in the petitioner, recording the above said submission of the learned Additional Public Prosecutor, this Court directs the petitioner to appear before the second respondent on 28.03.2025 and produce all the necessary documents. Thereafter, the second respondent is directed to conduct enquiry and pass appropriate orders within a period of fifteen [15] days.

5. With the above said observations and direction, this writ petition is disposed of.

20.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

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

2. The Sub Inspector of Police, Perungudi Police Station, Madurai District.

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

20.03.2025 Page No. 4 of 4