G.M.Palaniyappan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN G.M.Palaniyappan ... Petitioner Vs 1.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, Vilakkuthon, Madurai City.

3.The Inspector of Police (Crime), Vilakkuthon Police Station, Madurai City.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to issue Missing Certificate-cum-Non-Traceable-Certificate forthwith in respect of the property comprised in Re-Survey No.227/2, situated at Avaniyapuram Village, Madurai South Taluk, Madurai Joint IV, Madurai, on the basis of the complaint, dated 25.11.2021 within a stipulated period in accordance with law. For Petitioner : Mr.C.Senthil Murugan 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.6760 of 1983. 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 has already been considered and the same is numbered as C.S.R.No.356 of 2021 and it is still pending. 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.356 of 2021 as quickly as possible not later than two weeks from the date of receipt of a copy of this order 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. 25.09.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, Vilakkuthon, Madurai City.

3.The Inspector of Police (Crime), Vilakkuthon Police Station, Madurai City.

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

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DR.D.NAGARJUN, J.

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