The court established the necessity of strict adherence to procedural norms for issuing non-traceable certificates to prevent fraud in relation to lost document claims.

O R D E R

This writ petition is filed seeking a writ of mandamus to take necessary steps to trace the original document (Document No.4616/2009) or to issue a Non-traceable Certificate, by considering the petitioner's representation, dated 21.06.2024.

2. The petitioner claims that on 14.06.2024, he has lost his original document in Doc.No.4616/2009, for which he has submitted a representation before the respondent police on 21.06.2024. However, no action has been taken by the respondents so far. Therefore, the petitioner seeks a certificate that this document is not traceable so that he can get the certified copy from the Registration Department.

3. This issue has already been addressed by the Director General of Police in his Circular memorandum in RC No.2029209/General.1(1)/2022, dated 01.04.2022.

4. The circular was issued pursuant to the direction of this Court in Crl.O.P.No.3307 of 2022. Several writ petitions are filed before this Court seeking direction to the police to issue non-traceable certificates that the original documents are misplaced and it could not be traced. Cases are also filed before this Court that by obtaining non-traceable certificates, certified copies of the said documents are obtained and with those certified copies obtained in the strength of Non-traceable certificates issued by police, forged documents are created. Therefore, this Court has issued directions in the above Crl.OP.No.3307 of 2022 based on which the circular was issued by the Director General of Police stipulating the procedure to be adopted with regard to issuance of non-traceable certificate and the same is extracted as under:

“The following procedure should be adopted with regard to issuance of Non- traceable Certificate on receipt of petition relating to the loss of original land documents:

1.Petition should be preferred only by the legal owner or his power of attorney of the property.

2.The petitioner should furnish the following documents along with the petition:-

(i) 2 Certified copies of the document/s which is alleged to have been lost (obtained within a month prior to the presentation of the petition at the Police Station from the concerned Sub Registrar Office). (ii) Recent photograph of the petitioner or that of his power of attorney.

(iii) Copy of Aadhar Card or Voter ID or Passport (No other Identity proof will be accepted).

(iv) News paper advertisements in original as mentioned in para 6.

(v) Undertakings mentioned in paras 7 and 8.

3.In case of death of the legal owner of the property, his or her legal heir should present the petition along with the following documents.-

a) Death Certificate pertaining to the death of the legal owner issued by the competent Local body/

Municipality/Corporation authorities.

b) Legal Heir Certificate issued by the designated Revenue Authority to establish that the petitioner is the legal heir of the owner of the property.

4.In case of multiple legal heirs, No Objection Certificate obtained from the legal heirs other than the petitioner should be enclosed.

5.Encumbrance certificate (Digital or Manual) for the above property for the last 20 years or from the date of registration of missing document whichever is longer and it should be obtained from the concerned Sub Registrar Office only.

6.Original of the public advertisement given one in leading English and one in leading vernacular newspaper should be enclosed. The advertisement should have been published within

30 days prior to the presentation of the petition.

7.The petitioner should submit an undertaking along with the petition that no civil dispute or mortgage pertaining to the property document alleged to have been lost, is pending before any Court or Financial Institution.

8.The petitioner should also submit an undertaking along with the petition that if he/she furnishes any false information with regard to the property, whose document is alleged to have been lost, the petitioner or whoever abets the offence shall be liable for criminal prosecution u