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Madras High CourtWP(MD)/18805/2023disposed of

Raichel Jeyavathi .A v. The Sub Registrar

2023-08-04Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.18805 of 2023 A.Raichel Jeyavathi ... Petitioner Vs.

1.The Sub Registrar, Y.Othakadai, Madurai.

2.The State rep., by the Inspector of Police, Umachikulam Police Station, Madurai.

3.The Sub-Inspector of Police, Appanthirupathi Police Station, Madurai.

... 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 respondents 2 and 3 to conduct enquiry regarding the missing of original sale deed in Document No.5919 of 2015 on 19.10.2011(on the file of the first respondent) of the petitioner and issue Non-Treaceable Certificate to the petitioner, after due enquiry by considering the petitioner's representation dated 15.07.2023 within the time stipulated by this Court. 1/5

For Petitioner : Mr.E.Mareeskumar For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate(Crl. Side)

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the respondents 2 and 3 to conduct enquiry regarding the missing of original sale deed in Document No. 5919 of 2015 on 19.10.2011(on the file of the first respondent) of the petitioner and issue Non-Treaceable Certificate to the petitioner, after due enquiry by considering the petitioner's representation dated 15.07.2023 within the time stipulated by this Court.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner has lodged complaint on 12.06.2023 for missing of his original sale deed document bearing No.5919 of 2011 dated 19.10.2011, which was situated at Kathakinary Village, Madurai District in Survey Nos.13/9 and 13/10, but no action was taken and hence, he has made paper publication with regard to the missing of original document. He would further submit that since there was no response from the respondents, the petitioner has filed this petition.

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3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the petitioner's complaint is pending. He further submitted that the petitioner has not co-operated to the enquiry.

4. Considering the above, the second respondent police is directed to conduct enquiry and issue Non-traceable Certificate to the petitioner, after ensuring the said document has not been deposited for any purpose, following the circular issued by the Director General of Police in Rc.No. 2029209/General.1 (1)/2022 dated 01.04.2022 within a period of three months from the date of receipt of a copy of this order. The petitioner is directed to co-operate to the second respondent police for the enquiry with regard to missing of documents.

5. With the above direction, this Criminal Original Petition stands disposed of.

04.08.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No tta 3/5

To 1.The Sub Registrar, Y.Othakadai, Madurai.

2.The State rep., by the Inspector of Police, Umachikulam Police Station, Madurai.

3.The Sub-Inspector of Police, Appanthirupathi Police Station, Madurai.

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

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G.ILANGOVAN,J tta Order made in Dated : 04.08.2023 5/5