Palanisamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Palanisamy ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai.

2.The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to issue non traceable certificate to the petitioner for sale deed No.647/2001, dated 25.04.2001 by considering the petitioner's online complaint in CAP 23005674 dated 10.01.2023 and on the petitioner's representation dated 10.07.2023 in a time bound manner.

For Petitioner : Mr.D.Senthil For R-1 & R-2 : Mr.B.Thanga Aravindh Government Advocate (Criminal side)

O R D E R

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the second respondent to issue non traceable certificate to the petitioner.

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2. It is submitted by learned counsel for the petitioner that the petitioner has lost original registered sale deed bearing document No.647 of 2001 on the file of the the Sub Registrar, Ponnamaravathi. 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 certified copy of the sale deed, however, the respondent police stated to have not complied with the said request.

3. It is submitted by learned Government Advocate (Criminal Side) that, previously, the petitioner has sent a representation and the same has been numbered as C.S.R.No.48 of 2023 and accordingly, the respondent Police also stated to have issued summons, but, the petitioner has failed to attend the enquiry. Learned Government Advocate (Crl.side) further submits that as per the circular issued by the office of the Director General of Police/Head of Police Force, Chennai-4, dated 01.04.2022, who ever files an application for issuance of certificate of non traceable of a document, certain requirements are to be followed, as narrated in the said circular memorandum.

4. Therefore, the petitioner is directed to file fresh application with all the documents concerned and on submission of such petition, the respondent 2/4

Police are directed to consider the same and grant Certificate, in case, if he fulfills all the requirements as per the circular issued by the office of the Director General of Police/Head of Police Force, Chennai-4, dated 01.04.2022, within a period of two weeks on the submission of the application with all requirements.

5. With the above direction, the Writ Petition stands disposed of. No costs.

03.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai.

2.The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

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

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DR.D.NAGARJUN, J.

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