BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2024 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.14190 of 2024 Mohamed Thauyb ... Petitioner Vs

1. The Commissioner of Police, O/o. the Commissioner of Police, Madurai City.

2. The Inspector of Police, Sellur (Crime) Police Station, Madurai City. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to issue Non -Traceable Certificate with regard to the Document No. 4303/1974 registered in the office of the Sub Registrar, Thallakulam, Madurai District by considering the petitioner's representation, dated 05.03.2024.

For Petitioner : Mr.A. Abdulkabur, For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This writ petition is filed seeking a writ of mandamus directing the respondent Police to issue a non-traceable certificate in respect of his missing original sale deed.

2. The petitioner claims that he has lost his original sale deed for which he has lodged a complaint before the respondent police.

3. The respondent police has not traced the original document and therefore, the petitioner seeks a certificate that this document is not traceable so that he can get the certified copy from the registration department.

4. 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.

5. 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