Kulumayi v. The State Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.21157 of 2024 Kulumayi
...Petitioner
Vs.
1.The State represented by The Commissioner of Police, Office Commissioner of Police Office, Trichy District.
2.The Inspector of Police, Government Hospital Police Station, Trichy District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to issue the Non Traceable Certificate to the petitioner in Document No.1591 of 2011 dated 24.02.2011 on the file of Sub Registrar Office, Woraiyur, Trichy District based on the petitioner representation dated 28.08.2024 within a time stipulated by this Court. 1/6
For Petitioner : Mr.D.Rajaboopathy For Respondents: Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders to direct the respondents to consider the writ petitioner's representation dated 28.08.2024 and issue nontraceable certificate with regard to the document mentioned in the said representation 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 on 10.10.2023 for missing of her original sale deed document bearing No.1591/2011 dated 24.02.2011. He would further submit that the writ petitioner has also made paper publication on 11.10.2023 with regard to the missing of 2/6
original document and she has also sent another representation dated 28.08.2024 to the respondents, but there was no response.
4. The learned Additional Public Prosecutor appearing for the respondents would submit that on the basis of the complaint given by the writ petitioner on 10.10.2023, CSR No.674 of 2023 came to be registered on 03.11.2023 and is pending. He would further submit that they are ready to consider the fresh representation dated 28.08.2024.
5. 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.
6. 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. 3/6
7. With the above direction, the Writ Petition stands disposed of. No costs.
05.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Commissioner of Police, Office Commissioner of Police Office, Trichy District.
2.The Inspector of Police, Government Hospital Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.21157 of 2024 Dated : 05.09.2024 6/6