Samarathu Beevi v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Samarathu Beevi ... Petitioner Vs 1.The Commissioner of Police, Madurai City, 2.The Inspector of Police, 3.The Sub-Inspector of Police, 4.The Tahsildar, Madurai East Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent dated nil and quash the same and consequently direct the respondents to issue a Non-Traceable Certificate to the petitioner in respect of the loss of the original title deed registered as Document No.740 of 1991 dated 04.06.1991 in Thamaraipatti SubRegistrar Office, Madurai. 1/5

For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal side)

O R D E R

This Writ Petition is filed seeking for a direction to the respondent to issue non-traceable certificate to the petitioner. 2.It is submitted by learned counsel for the petitioner that the petitioner has lost original document bearing No.740/1991 dated 04.06.1991, on which, in order to get a certified copy of the document from the concerned Sub Registrar Office, the petitioner has filed an application dated 07.07.2023 before the respondent Police to issue non traceable certificate and the said petition was dismissed. Challenging the same the petitioner is before this Court. 3.It is submitted by the learned counsel for the petitioner that the police have refused to grant the certificate on the simple ground that there is spelling mistake in his name, when compared to Aadhar Card. It is submitted further that on account of the incorrect mentioning of the spelling of the petitioner's name in the legal heir certificate, the non traceable certificate has not been given. The petitioner has also filed a copy of the Aadhar Card and the legal heir certificate. 2/5

3.The learned Government Advocate (Crl.side) submits that during the course of enquiry, it is revealed that the person, who has applied for non traceable certificate, is the very same person, whose name is mentioned in the Aadhar Card. It is further submitted that on appearance of the petitioner after enclosing the documents in respect of issuance of non-traceable certificate as directed in the guidelines issued by the Director General of Police/Head of Police Force, Chennai-4, dated 01.04.2022, the required certificate will be given.

4.In view of the above, this Writ Petition is disposed of by directing the petitioner to appear before the concerned police and complete the formalities. On which, the respondent police are directed to issue necessary directions as expeditiously as possible. No costs.

29.09.2023 NCC:yes/no Index:yes/no Internet:yes/no mm To 1.The Commissioner of Police, Madurai City, 2.The Inspector of Police, 3/5

3.The Sub-Inspector of Police, 4.The Tahsildar, Madurai East Taluk, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 4/5

DR.D.NAGARJUN, J.

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