Back
2024 Supreme(Online)(MAD) 20419
HIGH COURT OF MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
P.Ramadas – Appellant
Versus
The Superintendent of Police – Respondent
Court underscored the importance of adhering to legal protocols in the issuance of non-traceable certificates to prevent document fraud.
Headnote:
Mandamus - Writ of Mandamus - RC No.2029209/General.1(1)/2022 - The court addressed the procedure for issuance of non-traceable certificates for lost documents, emphasizing the legal obligations of law enforcement in verifying claims and issuing documents.
Fact of the Case:
The petitioner lost important land documents and sought a writ to compel police action for issuing a non-traceable certificate after no responses to his previous complaint.
Finding of the Court:
The court reaffirmed the necessity of police adherence to established procedures for facilitating the issuance of non-traceable certificates, ensuring both legal assurance and protection against potential fraud.
Issues: Whether the police followed established procedures in addressing the loss of original land documents and the issuance of a non-traceable certificate.
Ratio Decidendi: The court held that proper protocol must be followed by the police in the issuance of non-traceable certificates, as outlined in the circular RC No.2029209/General.1(1)/2022.
Final Decision: The petition was disposed of, directing the police to act in accordance with the established circular 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 Partition Ded bearing Doc.No.1878/2007 and Gift Settlement Deed bearing Doc.No.1877/2007 or to issue a Non-
traceable Certificate, based on his complaint, dated 11.06.2024.
2. The petitioner claims that on 03.06.2024, he has lost the Partition deed bearing Doc.No.1878/2007 and Gift Settlement Deed bearing Doc.No.1877/2007, for which he has lodged a complaint before the respondents Police on 11.06.2024. However, no action has been taken by the respondents so far. Therefore, the petitioner seeks a certificate that the documents are 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
