Case Note & Summary
The petitioner, I.Sivagami, filed a Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the third respondent, the Inspector of Police, P6, Kodungaiyur Police Station (Crime), to issue a Non-Traceable Certificate regarding two documents registered in the office of the Sub Registrar, Sembium, Chennai District, bearing Document Nos. 5128 of 2004 and 5129 of 2004, both dated 24.06.2004. The petitioner had given a complaint to the third respondent on 03.06.2025 and also published notices in newspapers on 26.05.2025. The court, at the admission stage, heard the learned Additional Public Prosecutor who submitted that if the petitioner complies with the requirements stipulated in the Circular Memorandum in Rc.No.2029209/General.1 (1)/2022 dated 01.04.2022 issued by the Director General of Police, the third respondent would consider the representation. Recording this submission, the court directed the petitioner to appear before the third respondent and furnish all particulars as required under the circular. Upon receipt, the third respondent was directed to pass appropriate orders on merits and in accordance with law within four weeks. The writ petition was disposed of with these directions and no costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Non-Traceable Certificate - Article 226 of the Constitution of India - Petitioner sought direction to police to issue Non-Traceable Certificate for lost documents - Court directed petitioner to comply with DGP Circular dated 01.04.2022 and police to consider and pass orders within four weeks - Held that writ of mandamus can be issued to compel performance of public duty (Paras 1-6).
Issue of Consideration
Whether the police authorities can be directed to issue a Non-Traceable Certificate in respect of lost documents based on a complaint.
Final Decision
Writ Petition disposed of with direction to petitioner to comply with DGP Circular and to respondent to pass orders within four weeks.
Law Points
- Writ of Mandamus
- Non-Traceable Certificate
- Police Circular
- Article 226 of the Constitution of India
