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Madras High CourtWP(MD)/3707/2017closed

Subramanian v. The Superintendent Of Police

2017-03-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2017

CORAM:

THE HON'BLE Mr.JUSTICE P.N.PRAKASH W.P.(MD) No.3707 of 2017 Subramanian ... Petitioner Vs.

1. The Superintendent of Police, Tirunelveli District.

2. The Inspector of Police, Panagudi Police Station, Tirunelveli District ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, by directing the respondents to issue a "Not Traceable Certificate" in connection with the missing petitioner's of brother "Veerabagu S/o. (Late) Ponniah Pillai, on the basis of my representation dated 13.02 2017 as expeditiously as possible with in the time limit as prescribed by the Court.

For Petitioner : Mr.R.Anand For Respondents : Mr.Mohammed Mohideen, AGP.,

O R D E R

This Writ Petition is filed for seeking direction to the respondents to issue a "Not Traceable Certificate" in connection with the missing of my brother "Veerabagu S/o. (Late) Ponniah Pillai, on the basis of the petitioner's representation dated 13.02 2017 as expeditiously as possible with in the time lime as prescribed by this Court.

2.Heard Mr.R.Anand for petitioner and Mr.Mohammed Mohideen, Additional Government Pleader for the Respondents. 3.It is the case of the petitioner that he has lost certain documents in the year 1982 and that he has given a representation to the respondents to issue a non Traceable Certificate. In the considered opinion of this Court, neither in the Code of Criminal Procedure nor in the Police Standing Order, there is any provision for issuance of non-traceable certificate. Under such circumstances, the Mandamus that has been sought for by the petitioner cannot be granted.

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4.Hence, this petition is closed with the liberty to the petitioner to work out his remedy in the manner known to law. No costs.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To

1. The Superintendent of Police, Tirunelveli district.

2. The Inspector of Police, Panagudi Police Station, Tirunelveli district +One cc to Mr.R.Anand, Advocate, SR.No.14162 +One cc to The Special Government Pleader, SR.No.13734 TA RL/5C/2P/RSK/27.3.2017 W.P.(MD) No.3707 of 2017 09.03.2017 https://hcservices.ecourts.gov.in/hcservices/