A.Sekar v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.23317 of 2024 A.Sekar ... Petitioner Vs.
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Othakadai Police Station, Madurai - 103.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to issue Non-Traceable Certificate for the sale deed vide document No.3589/2009 for the property situated in S.No.84/6, for Plot Nos.5, 6, 7 to an extent of 4851 sq.ft, further the petitioner has misplaced cheque leafs bearing Nos.21766, 21767, 21768, 21769 and Cheque Nos.217657, 217666, 217667, 217668 drawn on State Bank of India, Othakadai based on the petitioner compliant, dated 20.09.2024 within a stipulated time as fixed by this Court. For Petitioner : Mr.S.Sudarapandian 1/5
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 second respondent to issue Non-Traceable Certificate for the sale deed vide document No.3589/2009 for the property situated in S.No.84/6, for Plot Nos.5, 6, 7 to an extent of 4851 sq.ft, further the petitioner has misplaced cheque leafs bearing Nos.21766, 21767, 21768, 21769 and Cheque Nos.217657, 217666, 217667, 217668 drawn on State Bank of India, Othakadai based on the petitioner compliant, dated 20.09.2024 within a stipulated time as fixed by this Court.
2. Heard the learned counsel appearing for the writ petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. The learned counsel appearing for the writ petitioner would submit that the writ petitioner has lodged a complaint before the respondents for missing of his original sale deed vide document 2/5
No.3589/2009 for the property situated in S.No.84/6, for Plot Nos.5, 6, 7 to an extent of 4851 sq.ft, further the the cheque leafs bearing Nos.21766, 21767, 21768, 21769 and Cheque Nos.217657, 217666, 217667, 217668 drawn on State Bank of India, Othakadai. He would further submit that the writ petitioner has also made paper publication on 02.09.2023 and 12.08.2024 with regard to the missing of original document and the cheques.
4. 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.
5. 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. 3/5
6. With the above direction, the Writ Petition stands disposed of. No costs.
03.10.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To 1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Othakadai Police Station, Madurai - 103.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
K.MURALI SHANKAR, J das Order made in W.P.(MD)No.23317 of 2024 Dated : 03.10.2024 5/5