Disposed

Madhavan v. The Superintendent of Police

Madras HC11 Jul 2024WP(MD)/6369/2024

Case brief

AI extract

What is this about?

Petitioner sought a non traceable certificate from police for his missing vehicle, needed to claim insurance, as the 2018 theft FIR remained pending. The court directed the Inspector to complete investigation and trace the vehicle within one month, failing which the certificate shall be issued after verifying ownership.

What did the court decide?

Direction to second respondent to investigate and trace vehicle within one month; failing that, issue Non Traceable Certificate after verifying ownership.

Madhavan Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2024)

¶1

W.P.(MD)No.6369 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 11.07.2024

¶4

CORAM :

¶5

THE HON`BLE MR.JUSTICE B.PUGALENDHI

¶6

W.P.(MD)No.6369 of 2024

E.Madhavan

... Petitioner

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

¶11

2.The Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District. ...Respondents

¶12

Prayer : Petition filed under Article 226 of Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents to issue non traceable certificate for vehicle bearing Reg.No.TN74AS8539 (Ashok Leyland Mini Tempo) in favour of the petitioner on the basis of the petitioner’s representation dated 26.02.2024.

¶13

For Petitioner : Mr.M.Sankar

¶14

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

¶15

https://www.mhc.tn.gov.in/judis

¶16

1/4

¶17

W.P.(MD)No.6369 of 2024

¶18

O R D E R

¶19

This writ petition is filed seeking a Writ of Mandamus, to direct the Respondents to issue a Non Traceable Certificate to the petitioner based on his representation dated 26.02.2024.

¶20

2.The petitioner claims that his vehicle bearing Reg.No.TN74AS8539 (Ashok Leyland Mini Tempo) was found missing and a case has been registered, on 09.07.2018, in Cr.No.209 of 2018 for the offence under Section 379 IPC. The said case is pending for investigation for the past six years and the second respondent police has not filed the final report yet. The petitioner is also unable to get the insurance, in the absence of certificate from the respondents. Therefore, the petitioner has filed the present petition.

¶21

3.The learned Additional Public Prosecutor appearing for the

¶22

respondents submits that the case is still in FIR stage.

¶23

https://www.mhc.tn.gov.in/judis

¶24

2/4

¶25

W.P.(MD)No.6369 of 2024

¶26

4.In view of the above, the second respondent is directed to

¶27

conduct proper investigation and find out the missing vehicle, within a period of one month from the date of receipt of a copy of this order. In the event, if the second respondent Police could not find the vehicle or proceed with the case, then the respondents shall issue Non Traceable Certificate to the petitioner, after verifying the ownership.

¶28

5.In the result, this writ petition is disposed of. No costs.

¶29

11.07.2024

¶30

NCC : Yes/No Index : Yes/No gns

¶31

https://www.mhc.tn.gov.in/judis

¶32

3/4

¶33

W.P.(MD)No.6369 of 2024

B.PUGALENDHI,J

gns

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

¶38

2.The Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District.

¶39

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶40

W.P.(MD)No.6369 of 2024

¶41

11.07.2024

¶42

https://www.mhc.tn.gov.in/judis

¶43

4/4

Madhavan v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Madhavan v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P. Ganesan Vs The Inspector of Police

S.Jegadeesan Vs The Superintendent of Police

Sugumaran.M Vs The Collector

O.Murugeswari Vs The Inspector of Police

K.Rajadurai Vs The Superintendent of Police

Anusiya Vs The Inspector of Police