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2024 Supreme(Online)(MAD) 21600
HIGH COURT OF MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
Abdul Kappar – Appellant
Versus
The Superintendent of Police – Respondent
The necessity for strict procedural adherence in issuing non-traceable certificates for lost documents was emphasized to prevent fraud.
Headnote:
Document - Writ Petition - RC No.2029209/General.1(1)/2022 - The court addressed the issuance of non-traceable certificates by police for lost original land documents, highlighting procedural requirements and the need for verification to avoid fraudulent use.
Fact of the Case:
The petitioner lost an original document and sought a writ of mandamus to have the police either trace the document or issue a non-traceable certificate after no action was taken on his representation.
Finding of the Court:
The court acknowledged that a circular outlining procedures for issuing non-traceable certificates had been issued. The police were directed to follow this circular when handling future claims of lost documents.
Issues: Whether the police could issue a non-traceable certificate for lost original land documents and the procedures to be followed in such cases.
Ratio Decidendi: The court established the necessity of stringent procedures for issuing non-traceable certificates to ensure the integrity of land documentation and to prevent fraudulent activities.
Final Decision: Writ petition disposed, directing police to follow established procedures within eight weeks.
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.839/2009) or to issue a Non-traceable Certificate, by considering his representation.
2. The petitioner claims that on 31.05.2024, he has lost his original document in Doc.No.839/2009, for which he has submitted a representation before the respondent police on 12.06.2024. 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 under appropriate legal provisions
