Mariyammal.M v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.29133 of 2023 Mariyammal.M ... Petitioner Vs.

1. The Sub Registrar, Watrap, Virudhunagar District.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to issue Non Traceable Certificate for the original Sale deed bearing Document No.39 of 2002, dated 21.01.2002 on the file of Sub-Registrar Office, Watrap, Virudhunagar District, based on the petitioner's representation, dated 26.08.2022 submitted in person within the time limit that may be stipulated by this Court. For Petitioner : Mr.M.Mohanasundaram For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.

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O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the 2nd respondent to issue Non Traceable Certificate for the original Sale deed bearing Document No.39 of 2002, dated 21.01.2002 on the file of Sub-Registrar Office, Watrap, Virudhunagar District, based on the petitioner's representation, dated 26.08.2022 submitted in person within the time limit that may be stipulated by this Court.

2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner would submit that the petitioner has lodged a complaint through online before the second respondent for misplacing his original sale deeds Document No.39/2002 dated 21.01.2002. He would further submit that the petitioner has also made paper publication on 18.11.2022 with regard to the missing of original documents.

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4. Without sending notice to produce copy of the relevant document, it appears that the complaint given by the petitioner was closed by the second respondent Police.

5. The petitioner is directed to appear before the second respondent Police on 20.12.2023 with relevant documents. Let the above said complaint be re-opened and after production of the above said document, enquiry be conducted.

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 her remedy through appropriate proceedings, if not satisfied.

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7. With the above direction, this Writ Petition stands disposed of. No costs.

12.12.2023 Index :Yes/No Internet :Yes/ No Indu To

1. The Sub Registrar, Watrap, Virudhunagar District.

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

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

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G.ILANGOVAN, J Indu Order made in W.P(MD) No.29133 of 2023 Dated : 12.12.2023 5/5