Mohanan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Mohanan ... Petitioner Vs

1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Melapalayam Police Station, Tirunelveli 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 second respondent to issue non-traceable certificate to the petitioner with regard to the Original partition deed dated 27.09.1916 in document No. 2324 of 1916 on the file of the Sub Registrar, Palayamkottai, within a time frame as may be fixed by this Court.

For Petitioner : Mr.M.Charles Kamalesh M.Appaji For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

O R D E R

This Writ Petition has been filed to direct the second respondent to issue non-traceable certificate to the petitioner with regard to the Original partition deed dated 27.09.1916 in document No. 2324 of 1916 on the file of the Sub Registrar, Palayamkottai, within a time frame as may be fixed by this Court.

2.According to the petitioner, the petitioner's grandfather and others have entered into a partition deed on 27.09.1916 in Doc No. 2324 / 16 on the file of Palayankottai District. While so, on 09.01.2024, he took the original document for taking photocopies near Uzhavar market. At that time, he misplaced the same and unable to trace out the said document. Therefore, he preferred a complaint before the 2nd respondent, but no action has been taken. The petitioner has also issued paper publication in Dinamani and The New Sunday Express in respect of missing of document. Since the respondent police has not considered the petitioner's representation, this petition is filed. 3.The learned counsel for the petitioner would further submit that the name of respondent police was wrongly mentioned as 2/5

Melapalayam Police Station instead of Tirunelveli Town police station. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner misplaced the documents within the jurisdiction of Town police station, Tirunelveli. The 2nd respondent police have no role in this case. However, the 1st respondent will instruct the Inspector of Police, Town police station, Tirunelveli to take appropriate action based on the petitioner's complaint in accordance with law.

5.Considering the prayer sought for by the petitioner and the petitioner also wrongly mentioned the police station as Melapalayam Police Station instead of Town police station, Tirunelveli and the 1st respondent also admitted the receipt of complaint, this Court directs the Inspector of Police, Town police station to consider the representation of the petitioner and take appropriate action in accordance with law within a period of 1 month from the date of this order. 3/5

6.With the above observations and direction, this Writ Petition is disposed of.

28.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To

1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Melapalayam Police Station, Tirunelveli District.

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

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P.DHANABAL , J.

PNM ORDER IN 28.04.2025 5/5