Madras High CourtWP(MD)/19789/2024disposed of

M.Ponnaiah v. The Deputy Superintendent Of Police

2024-08-20Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.19789 of 2024 M.Ponnaiah

...Petitioner

Vs.

1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Puliyankudi, Kadayanallur Taluk, 2.The Inspector of Police, Kadayanallur Police Station, ... 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 herein to issue Non-Traceable Certificate to the petitioner with respect of the sale deed dated 25.11.1988 registered on 28.11.1988 in Doc No.1/2189/1988 on the file of Sub-Registrar Kadayanallur, within the time frame fixed by this Court. For Petitioner : Mr.M.Arjun Varman For Respondents: Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders to direct the second respondent to issue non-traceable certificate with regard to the document mentioned in the writ petitioner's complaint within a time stipulated by this Court.

2. Heard the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned counsel appearing for the writ petitioner would submit that the writ petitioner has lodged a complaint before the second respondent on 31.05.2024 for missing of his original sale deed document bearing No.2189 of 1988 dated 25.11.1988 which was situated at Kambaneri Pudhukudi Village, Kadayanallur Taluk and that thereafer the writ petitioner has lodged an online complaint on 02.07.2024. He would further submit that the writ petitioner has also made paper publications on 04.07.2024 and 07.07.2024 with regard to the missing of original document.

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4. In pursuance of the direction of this Court in Crl.O.P.No.3307 of 2022, the Director General of Police has issued a circular memorandum in Rc.No.2029209/General.1 (1)/2022, dated 01.04.2022 stipulating the procedure to be adopted with regard to issuance of non-traceable certificate.

5. Considering the above, the second respondent is directed to conduct enquiry and issue Non-traceable Certificate to the writ petitioner, after ensuring the said document has not been deposited for any purpose following the circular issued by the Director General of Police within a period of one month from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. 20.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Puliyankudi, Kadayanallur Taluk, 3/4

K.MURALI SHANKAR, J csm 2.The Inspector of Police, Kadayanallur Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in W.P.(MD)No.19789 of 2024 Dated : 20.08.2024 4/4