Siva Chidambaram v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.22641 of 2024 Siva Chidambaram

...Petitioner

Vs.

1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Valliyur Police Station, Tirunelveli 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 respondent to issue Non-Traceable Certificate to the petitioner for his lost document in Doc.No.936 of 2001, dated 02.04.2001 registered at SRO, Valliyoor in consonance with circular vide R.C.No.2029209/General 1(1)/2022, dated 01.04.2022 issued by the Director General of Police based on the petitioner's complaint, dated 06.08.2024. For Petitioner : Mr.M.Varun Pandian For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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ORDER

The Writ Petition has been filed, invoking Article 226 of the Constitution of India, seeking orders, to direct the respondent to issue Non-Traceable Certificate to the petitioner for his lost document in Doc.No.936 of 2001, dated 02.04.2001 registered at SRO, Valliyoor in consonance with circular vide RC.No.2029209/General 1(1)/2022, dated 01.04.2022 issued by the Director General of Police based on the petitioner's complaint, dated 06.08.2024.

2. The learned counsel appearing for the writ petitioner would submit that the writ petitioner has lodged a complaint before the respondent for missing of his original document in Doc.No.936 of 2001, dated 02.04.2001 registered at SRO, Valliyoor. He would further submit that the writ petitioner has also made paper publication on 07.08.2024 (in Tamil & English Daily) with regard to the missing of original document.

3. It is seen from the records that the petitioner's complaint came to be rejected by the second respondent on 06.08.2024, directing the 2/5

petitioner to obtain the copy of the document from the concerned Register Office.

4. Heard the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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 impugned order rejecting the petitioner's complaint, dated 06.08.2024, cannot be legally sustained and the same is liable to be quashed and is quashed. Accordingly, 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.

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

24.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Valliyur Police Station, Tirunelveli District.

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

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K.MURALI SHANKAR, J das Order made in W.P.(MD)No.22641 of 2024 Dated : 24.09.2024 5/5