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W.P(MD)No.15116 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2026
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P(MD)No.15116 of 2025 and W.M.P(MD)No.11368 of 2025 Inbavalli ... Petitioner Vs. 1.The Superintendent of Police, Thoothukudi District, Thoothukudi. 2.The Inspector of Police, Central Police Station, Thoothukudi. 3.Balaganesh
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records of the Non Traceable Certificate dated 06.04.2023 issued by the 2nd respondent, quash the same. For Petitioner : Mr.C.T.Perumal For R1 & R2 : Mr.C.Susikumar Government Advocate(Crl.side) For R3 : Mr.A.Mohamed Haneef
ORDER Challenging the non-traceable certificate issued by the 2nd respondent police to the petitioner, this writ petition is filed. 1/4 https://www.mhc.tn.gov.in/judis
W.P(MD)No.15116 of 2025
2. The learned counsel for the petitioner submitted that the non-traceable certificate with respect to the old partition deed dated 17.10.1941 pertaining to the land comprised in Survey No.317/B of Avudaiyarpuram Village, Thoothukudi Taluk has been issued in favour of the 3rd respondent. The petitioner is residing in the said land for more than 150 years. For that, they are claiming adverse possession and several suits are pending with respect to the said land. While so, the 2nd respondent had issued a non-traceable certificate with respect to a document related to the subject property of the year 1941. Hence, he sought the indulgence of this Court. 3. The learned counsel appearing for the 3rd respondent submitted that the petitioner is a stranger who has nothing to do with the said document. The document is all a partition deed of the family properties belonging to the 3rd respondent effected by his ancestors and the same was lost. Hence, an application was properly made before the respondent police and the respondent police after proper investigation, has issued the same and sought for a dismissal of the writ petition. 4. The learned Government Advocate (Crl.side) appearing for the 2nd respondent submitted that only after proper investigation and having followed 2/4 https://www.mhc.tn.gov.in/judis
W.P(MD)No.15116 of 2025 the mandates of circular and only after putting the petitioner and 3rd respondent on notice, the said Non-traceable Certificate was issued. It was also brought to the notice of this Court that the 3rd respondent had appeared and cooperated with the enquiry. The petitioner had not raised any objection to the 2nd respondent police at the time of issuance of Non-traceable Certificate and has now come before this Court. 5. Heard the learned counsel on either side and carefully perused the materials available on record. 6. Considering the fact that the petitioner is a complete stranger and Non- traceable Certificate has been issued with respect to a partition deed of the 3rd respondent's family properties, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 06.07.2026 NCC : Yes / No Index : Yes / No gbg 3/4 https://www.mhc.tn.gov.in/judis
W.P(MD)No.15116 of 2025 L.VICTORIA GOWRI, J. gbg TO:- 1.The Superintendent of Police, Thoothukudi District, Thoothukudi. 2.The Inspector of Police, Central Police Station, Thoothukudi.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in W.P(MD)No.15116 of 2025 Dated 06.07.2026 4/4 https://www.mhc.tn.gov.in/judis