Thangadurai v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Thangadurai ... Petitioner Vs 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Perumalpuram Police Station, Tirunelveli 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 a non traceable certificate to the petitioner in respect of the original sale deed in Document No.3980 of 1972 dated 30.10.1972 registered on the file of the Sub Registrar of Registration, Madurai (South) forthwith. For Petitioner : Mr.V.Rajiv Rufus For Respondents : 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 mandamus directing the second respondent to issue a 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.3980 of 1972, dated 30.10.1972 on the file of the Sub-Registrar, Madurai (South). 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.

3. Learned Government Advocate (Crl.side) 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 any document or otherwise, the petitioner requires to follow certain requirements as narrated in the said circular memorandum.

4. The petitioner is directed to file an application before the respondent Police by following the conditions stipulated in the circular dated 01.04.2022. On making of such application, the respondent police are directed to dispose of the same without any delay and furnish the certificate as required within a period of two weeks from the date of receipt of a copy of this order. 2/4

5. Accordingly, this Writ Petition is disposed of. No costs. 17.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Perumalpuram Police Station, Tirunelveli 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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