Veerapandi.K v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2021
CORAM
THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)Nos.14316 & 14317 of 2021 K.Veerapandi Petitioner in W.P(MD) No.14316 of 2021 S.Thiagarajan Petitioner in W.P(MD) No.14317 of 2021 Vs.
1.The Superintendent of Police, Dindigul District.
2.The Inspector of Police, Oddanchathiram Police Station, Oddachathiram, Dindigul District.
Respondents in both WPs COMMON PRAYER: Writ petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to issue a "Non Traceable Certificate"to the petitioners in respect of missing sale deed dated 14.03.1984, document No.170/1984 and sale deed dated 27.05.2008, document No.955/2008, based on the petitioners complaint dated 08.07.2021, 01.07.2021 respectively, within the time stipulated by this Court. For Petitioners : Mr.A.Saravanan For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor (in both WPs) C O M M O N O R D E R These Writ Petitions have been filed, directing the second respondent to issue a "Non Traceable Certificate"to the petitioners based on the petitioners complaint dated 08.07.2021, 01.07.2021 respectively, within the time stipulated by this Court.
2. The case of the petitioner in W.P.(MD) No.14316 of 2021 is that his father purchased a property along with his brother namely Sikku Naguvu on 14.03.1984, under Sale Deed Document No.170/1984. His father died on 24.01.2021. On 05.07.2021, at about 12.00 noon, the petitioner took the above said original sale deed for the purpose of taking xerox copies near Oddanchathiram bus stand, he found the same missing. Hence, he gave compliant to the second respondent police on 08.07.2021 and also gave paper publication. 2.1. The case of the petitioner in W.P.(MD) No.14317 of 2021 is that he purchased 1 acres and 75 cents of land situated in Kothapulli Village from one Lakshmipathy Raju on 27.05.2008, vide 1/3
Document No.955 of 2008. On 28.06.2021, at about 10.00 am, he took the above said original sale deed for taking xerox copies near Oddanchathiram bus stand, he found missing the same. Hence, he gave complaint to the second respondent on 01.07.2021. Paper publication also effected by the petitioner on 02.07.2021. 3.As there was no action on the part of the respondent police with regard to the complaints made by the petitioners in both Writ Petitions, the present Writ Petitions came to be filed. 4.The learned Additional Public Prosecutor for the respondents would submit that in respect of issue the Non-traceble Certificate for missing document, the Director General of Police has issued a circular in e.f.vz;.116/Kfhk; / fh.J.J.j/2020 ehs; 31.07.2020 and the first respondent has to follow the same.
According to him, the procedure has to be scrupulously followed by the second respondent before issuing the Certificate. So, it will take some time, since the request has to be given to the State Record Bureau as well as the District Records Bureau and he seeks three months time to complete the enquiry.
5.Considering his request as well as the Circular issued by the Director General of Police, e.f.vz;.116/Kfhk; / fh.J.J.j/2020 ehs;
31.07.2020, there shall be a direction to the second respondent to complete the enquiry within a period of three months from the date of receipt of a copy of this order and act as per the outcome of the enquiry.
6.With the above direction, these Writ Petitions are allowed to the extent indicated. No costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn To 1.The Superintendent of Police, Dindigul District.
2.The Inspector of Police, Oddanchathiram Police Station, Oddachathiram, Dindigul District.
2/3
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2 CC to M/s.R.THANGAPANDIAN, Advocate ( SR-26208 [F] & SR-26100[F]dated 12/08/2021 ) W.P.(MD)Nos.14316 & 14317 of 2021 12.08.2021 MGJ(19.08.2021) 3P 6C 3/3