Backiam Krishnan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 04.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN W.P.(MD)No.16036 of 2023 Backiam Krishnan ... Petitioner Vs 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Perumalpuram Crime police station, Tirunelveli City, Tirunelveli.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, in the nature of Writ of Mandamus directing the 2nd respondent to issue a Non Traceable Certificate to the petitioner relating to the document sale deed No.1856/1982 and 1670/1983 on the file of the sub Registrar Melapalayam in connection with C.S.R. No.554/2022 dated 30.11.2022 on the file of the 2nd Respondent Police within time frame as fixed by this Court.

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For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This Writ Petition is filed seeking for a mandamus directing the second respondent to issue a non traceable certificate to the petitioner.

2. It is submitted by the learned counsel for the petitioner that the petitioner has lost original registered sale deeds bearing document Nos. 1856/1982 and document No.1670/1983 on the file of the Sub Registrar, Melapalayam. The petitioner, in order to obtain certified copy of the sale deed has requested the respondent police to issue non-traceable certificate so that the petitioner will get a copy of the sale deed. However, the respondent police stated to have not complied with the said request eventhough, it has been registered in CSR No.554 of 2022.

3. The learned Government Advocate (Crl.side) submits that as per the circular issued by the office of the Director General of Police/Head of 2/4

Police Force, Chennai-4, dated 01.04.2022, who ever files an application for issuance of certificate of non traceable of any document or otherwise, the petitioner require to follow certain requirements as narrated in the said circular memorandum.

4. Copy of the direction issued by the Director General of Police, is handed over to the petitioner by the learned Government Advocate in the open Court. The petitioner submitted that he will follow the condition in the circular dated 01.04.2022 and make an application. On making of such application, the respondent police are directed to dispose of the same without any delay and furnish the certificate as required.

5. This Writ Petition is disposed of. No costs. 04.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 3/4

DR. D.NAGARJUN, J.

pnn To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli. 2.The Inspector of Police, Perumalpuram Crime police station, Tirunelveli City, Tirunelveli.

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

ORDER

IN W.P.(MD)No.16036 of 2023 Date: 04.07.2023 4/4