A writ petitioner, a deceased's mother, sought a writ of Mandamus directing police to furnish insurance particulars and R.C. book of a vehicle involved in an accident. The High Court dismissed the petition, holding the police are not custodians of documents not collected, as the owner failed to produce them.
Writ petition dismissed; no costs.
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W.P.No.10669 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.11.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
W.P. No.10669 of 2023
D.Sandhiya
... Petitioner
-vs-
...Respondents
PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India, to issue Writ of Mandamus or any other direction in the nature of writ directing the 2nd respondent to direct the 3rd respondent to issue the extract of the Insurance Particulars and R.C. Book of Scorpio Car Regn. No.TN.09-AL2428 in FIR No.482/A53/2013 dated 27.10.2013 on the petitioner's representation dated 15.09.2022 immediately.
For Petitioner : Mr.R.Balasubramanian For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
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W.P.No.10669 of 2023
ORDER
The petitioner herein being a mother of the person who died in the road accident had given a representation to the respondent police to furnish Insurance Particulars and R.C. Book of Scorpio Car Regn. No.TN.09-AL-2428. Since the details were not furnished, the present petition is filed seeking Mandamus.
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W.P.No.10669 of 2023
in the course of the investigation and not which is not in existence. The owner
of the vehicle is the appropriate person from whom the petitioner should seek
production of the said document in the appropriate judicial forum.
15.11.2023
Internet : Yes/No Index : Yes/No rkp To
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W.P.No.10669 of 2023
Dr.G.JAYACHANDRAN, J.
rkp
W.P. No.10669 of 2023
15.11.2023
https://www.mhc.tn.gov.in/judis Page No.4/4
1 issue framed by the court
Whether the directing police to furnish Insurance Particulars collected from an owner who failed to produce them is a maintainable writ petition under Article 226.
1 provisions across 1 enactments
D.Sandhiya
The Director General of Police, Santhome High Road, Mylapore, Chennai
The Commissioner of Police, Vepery, Chennai
The Inspector of Police, K-4, Anna Nagar Traffic Police, Anna Nagar, Chennai
G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
