Priya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Priya ... Petitioner Vs.

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

2.The Inspector of Police, West Police Station, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to issue non-traceable certificate in respect of the documents viz., Original sale deed in Document No.630/1978 and registered will in Document No.21/1985 on the file of the Virudhunagar Joint II Sub Registrar Office in the light of the circular issued by the Director General of Police, Tamil Nadu in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022.

For Petitioners : Mr.R.Ponkarthikeyan 1/4

For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

This writ petition has been filed seeking orders to direct the second respondent to issue non-traceable certificate in respect of the documents viz., Original sale deed in Document No.630/1978 and registered will in Document No.21/1985 on the file of the Virudhunagar Joint II Sub Registrar Office in the light of the circular issued by the Director General of Police, Tamil Nadu in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022.

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 sale deed in Document No. 630/1978 and registered will in Document No.21/1985. He would further submit that the writ petitioner has also made paper publication on 04.04.2024 with regard to the missing of original document. 2/4

3.The learned Additional Public Prosecutor appearing for the respondents would submit that the Division Bench of this Court in W.A.No.1160 of 2024 has held that the non-traceable certificate is not at all required and this Court directed the Sub Registrars not to insist for production of non-traceable certificate at the time of registration. 4.Considering the above, questioning of issuing non-traceable certificate does not arise and therefore, the Sub Registrar, Virudhunagar is directed to follow the directions of this Court issued in W.A.No.1160 of 2024 dated 27.09.2024. Accordingly, this writ petition is disposed of. No costs.

22.10.2024 NCC :yes/No Index :yes/No Internet:yes/No gns 3/4

K.MURALI SHANKAR ,J.

gns To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, West Police Station, Virudhunagar District.

3.The Sub Registrar, Virudhunagar.

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