Radhakrishnan v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN W.P.(MD)No.25335 of 2023 Radhakrishnan

...Petitioner

Vs.

1.The Sub-Registrar, Srivilliputhur, Virudhunagar District.

2.The Inspector of Police, Vanniyampatti Police Station, Srivilliputhur Taluk, Virudhunagar District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a issuance of Writ of Mandamus, directing the 2nd respondent to issue 'Non Traceable Certificate' for the original Sale deed bearing Doc. No.1052/1938 dated 20.06.1938, Doc. No.2698/1953 dated 16.11.1953 and Doc.No.2731/1953 dated 17.11.1953 on the file of Sub-Registrar Office, Srivilliputhur, Virudhunagar District based on the petitioner's representation dated 17.04.2023 within the time limit that may be stipulated by this Court. For Petitioner :Mr.A.S.Vaigunth For Respondents :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) 1/4

O R D E R

This Writ Petition filed to direct the 2nd respondent to issue 'Non Traceable Certificate' for the original Sale deed bearing Doc. No. 1052/1938 dated 20.06.1938, Doc. No.2698/1953 dated 16.11.1953 and Doc.No.2731/1953 dated 17.11.1953 on the file of Sub-Registrar Office, Srivilliputhur, Virudhunagar District, based on the petitioner's representation dated 17.04.2023 within the time limit that may be stipulated by this Court.

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

3. The learned counsel appearing for the petitioner would submit that the petitioner has lodged a complaint before the second respondent for misplacing of his original sale deeds bearing Document No. 1052/1938 dated 20.06.1938, Doc.No.2698/1953 dated 16.11.1953 and Doc.No.2731/1953 dated 17.11.1953 on the file of Sub-Registrar Office, Srivilliputhur, Virudhunagar District. He would further submit that even though a complaint has been given by the petitioner, no proper action has been taken so far.

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4. The learned Additional Public Prosecutor would submit that in pursuance of the representation/complaint given by the petitioner, summon was issued to the petitioner, but he has not respond to the above said summon by producing the relevant documents.

5. Let the petitioner appear before the second respondent along with the relevant documents.

6. Considering the above, the second respondent Police is directed to conduct enquiry ensuring the said documents have not been deposited for any purpose, following the circular issued by the Director General of Police within a period of three months from the date of receipt of a copy of this order. Depending upon the outcome of the above said enquiry, the petitioner can workout his remedy through appropriate proceedings, if not satisfied.

5. With the above direction, this Writ Pettiion stands disposed of. No costs.

19.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 3/4

G.ILANGOVAN, J Indu To 1.The Sub-Registrar, Srivilliputhur, Virudhunagar District.

2.The Inspector of Police, Vanniyampatti Police Station, Srivilliputhur Taluk, Virudhunagar District.

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

Order made in W.P(MD)No.25335 of 2023 19.10.2023 4/4