Palaniyappa Gounder.K v. The Superintendent Of Police,
W.P(MD)No.11021 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2022 CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P(MD)No.11021 of 2022 K.Palaniyappa Gounder
...Petitioner
Vs.
1.The Superintendent of Police, Collectorate Post, Dindigul, Dindigul District.
2.The Inspector of Police, Chathrapatti Police Station, Chathrapatti, Dindigul 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 respondents to trace and find out the sale deed bearing document No.358/1982, dated 23.08.1982 and the Exchange deed bearing document No.515/1994, dated 31.08.1994 or to issue a non traceable certificate to the petitioner by considering the representation of the petitioner, dated 28.03.2022.
For Petitioner : Mr.S.C.Herold Singh For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate (crl.side)
O R D E R
The present Writ Petition has been filed to direct the respondents to trace and find out the sale deed bearing document No.358/1982, dated 23.08.1982 and the Exchange deed bearing document No.515/1994, dated 31.08.1994 or to issue a non traceable certificate to the petitioner by considering the representation of the petitioner, dated 28.03.2022.
2. The learned Counsel appearing for the petitioner would submit that with regard to the properties in Survey Nos.313/4C, 313/7B and 313/4B, an exchange deed was executed between the petitioner's brother and the petitioner, which was registered vide document No.515 of 1994, dated 31.08.1999. On 27.01.2022, the petitioner went to take copy of the documents and found that the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.11021 of 2022 documents were missing. Thereafter, he gave a complaint to the second respondent police and also through online. But they have not taken any action to trace out the missing documents and have not given non traceable certificate. If they have given any nontraceable certificate, the petitioner would get a copy from the SubRegistrar Office. 3.Mr.M.Sakthi Kumar, learned Government Advocate (Criminal Side) would submit that the online complaint was received but it is pending for want of some particulars for further investigation. Under this circumstances, the petitioner is hereby directed to give an online particulars to the respondent police with fresh application and the second respondent police is hereby directed to take action for tracing the missing sale deed and in case of obtaining a non-tracing certificate, the petitioner enables to get registration copy from the Sub Registrar Office.
4. With these observations, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) btr To 1.The Superintendent of Police, Collectorate Post, Dindigul, Dindigul District.
2.The Inspector of Police, Chathrapatti Police Station, Chathrapatti, Dindigul District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-24706[F] dated 09/06/2022 ) W.P(MD)No.11021 of 2022 08.06.2022 (2/2) SS(21/06/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2