Raja. Ms v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI M.S.Raja ... Petitioner Vs.

1.The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Tirunelveli Junction 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, to direct the second respondent to issue a "Non-Traceable Certificate" to the petitioner in respect of missing sale deed document No.1046/2002 based CSR.No.15 of 2024 dated 06.01.2024 within the time stipulated by this Court. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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ORDER

The petitioner has approached this Court seeking a direction to the respondents to issue a "Non-Traceable Certificate" to the petitioner in respect of missing sale deed document No.1046/2002. 2.The learned counsel appearing for the petitioner submits that the petitioner's father one Subbiah has missed his document, on 21.08.2023, when he was waiting for his friend at Tirunelveli Junction bus stand. Therefore, on 01.09.2023, his father lodged a complaint before the second respondent Police and an affidavit of undertaking along with paper publication has also been made by him. Thereafter, an enquiry has been initiated in CSR.No.15 of 2024 and the same was also closed. Further, he submits that the petitioner's father died on 15.05.2024 and hence, the petitioner has approached the second respondent by lodging a fresh complaint dated 11.06.2024. However, the second respondent Police has not acted upon the complaint. Therefore, the petitioner has approached this Court by filing this writ petition.

3.The learned Additional Public Prosecutor appearing for the respondents submits that the petitioner's father lodged a complaint in the year 2/4

2023, which has already been enquired and it was closed. Again, for the very same set of facts, the petitioner has preferred the present complaint. Based on the same, an enquiry in C.No.48/012641/770/TIN-C/2024 has been conducted and the same has also been closed on 26.06.2024. 4.In view of the above, no further order is required in this writ petition. The second respondent Police is directed to serve a copy of the closure report to the petitioner. The petitioner has to workout his remedy only before the appropriate civil Court. Accordingly, this writ petition is dismissed. No costs.

05.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Superintendent of Police, O/o. the Superintendent of Police, Tirunelveli District.

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

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B.PUGALENDHI,J gns 05.07.2024 4/4