Justin Swaminathan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Justin Swaminathan ... Petitioner Vs 1.The Superintendent of Police, Madurai District, O/o. Superintendent of Police, Madurai.

2.The Inspector of Police, Silaiman Police Station, Madurai.

3.The Sub Inspector of Police, Karupayoorani Police Station, Madurai.

...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 nontraceable certificate for the missing document bearing Document No.2958/2001, on the file of the Sub Registrar Office, Theppakulam, Madurai District, by considering the petitioner's representation, dated 09.08.2023. For Petitioner : Mr.S.Ramasamy For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal side) 1/4

O R D E R

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

2. It is submitted by the learned counsel for the petitioner that the petitioner has lost original registered sale deed bearing document No.2958/2001 on the file of the Sub Registrar Office, Theppakulam Madurai District. 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. The learned Government Advocate (Crl.side) submits that the representation of the petitioner, dated 09.08.2023 has already been considered and the same is numbered as C.S.R.No.219 of 2023. He 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 any document or otherwise, the petitioner requires to follow certain requirements as narrated in the said circular memorandum.

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4. In view of the above, the respondent Police are directed to dispose of C.S.R.No.219 of 2023 not later than four weeks without any delay and furnish the certificate as required by following the conditions stipulated in the circular dated 01.04.2022.

5. This Writ Petition is disposed of. No costs. 31.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Superintendent of Police, Madurai District, O/o. Superintendent of Police, Madurai.

2.The Inspector of Police, Silaiman Police Station, Madurai.

3.The Sub Inspector of Police, Karupayoorani Police Station, Madurai.

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

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DR.D.NAGARJUN, J.

tsg 31.08.2023 4/4