Veeranasamy.M v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07/07/2021

CORAM:

THE HONOURABLE MR JUSTICE G.ILANGOVAN W.P.(MD) No.11254 of 2021 M.Veeranasamy ... Petitioner vs.

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

2.The Inspector of Police, Rajapalayam North Police Station, Rajapalaym, Virudhuangar District.

3.The Sub-Registrar, Sub-Registrar Office, Rajapalaym, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to trace the missing sale deed document vide No.2474 of 1980, Sub Register Office, Rajapalaym, Virudhunagar District (or) issue non-traceable certificate, on the basis of the complaints dated 19.04.2021 and 15.06.2021.

For Petitioner : Mr.T.Indrachithu For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This writ petitioner is filed seeking issuance of writ of mandamus directing the second respondent to trace the missing sale deed document vide No.2474 of 1980, Sub Registrar Office, Rajapalayam, Virudhunagar District (or) issue non-traceable certificate, on the basis of the complaints dated 19.04.2021 and 15.06.2021.

2. The case of the petitioner is that the property situated in old Survey No.4, New S.Nos.4/1, 5/2B Samusigapuram Village, Rajapalayam, Viudhunagar District was purchased by his father in the year 1980. The original sale deed was missed by him when he 1/3

was waiting for bus in Rajapalayam bus stand on 12.05.2021 in respect of which he has given complaints dated 19.04.2021 and 15.06.2021 and the petitioner has also effected paper publication in this regard. According to the petitioner, the second respondent has not taken any efforts to trace his missing sale deed document or to issue non-traceable certificate. Hence, he has filed this writ petition.

3. Today when the matter is taken up for hearing, the learned Additional Public Prosecutor submits that in respect of issuance of non-traceable certificate, a Circular has been issued by the Director General of Police and the respondent has to comply the procedure that has been prescribed in the circular and therefore, he seeks three months time to complete the enquiry and to take action. He further submits that the second respondent has to seek a report from the District and State Legal Bureau.

4. Considering the request made by the learned Additional Public Prosecutor, the respondents 1 and 2 are directed to conduct an enquiry and conclude the same within a period of three months time and act on the basis of the outcome of the enquiry.

5. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Rajapalayam North Police Station, Rajapalaym, Virudhuangar District.

3.The Sub-Registrar, Sub-Registrar Office, Rajapalaym, Virudhunagar District.

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

W.P.(MD) No.11254 of 2021 07.07.2021 LS(CO) RD(14.07.2021) 3P 5C 3/3