Madras High Court Delineates Process For Return Of Lost Articles Through Courier Service Without Undergoing Regular Court Procedure
The Madras High Court passed such directions in a suo moto proceeding.
Justice D Bharatha Chakravarthy, Madras High Court
As a relief to complainants and victims who lose their phones and similar properties of lesser value, the Madras High Court has held that assistance could be provided to them by the Tamil Nadu State Legal Services Authority. The High Court has explained the process whereby the lost articles can be returned through courier services without the complainant having to undergo regular court procedure.
The High Court passed such directions in a suo moto proceeding. The Court was considering the matter relating to the theft of mobile phones and similar articles.Enumerating various circumstances where persons lose their phones, the Bench noted that to get a return, they have to spend more than the value, lose their wage, take leave, travel and spend, wait for the whole day in the regular court procedure and thereafter only they can get back the same.
In order to redress such grievances, the Single Bench of Justice D. Bharatha Chakravarthy held that assistance could be provided to the de facto complainants as a legal service by the Tamil Nadu State Legal Services Authority. “The Tamil Nadu Legal Services Authority can furnish/publicise the regular e-mail address of the Secretaries of the District Legal Services Authorities concerned or a special i-d created for the purpose”, it stated.
Additional Public Prosecutor S.Sugendran represented the Respondent.
Delineating the process, the Bench explained that the de facto complainant/victim concerned would have to send an email requesting that the property be couriered to him/her at the address provided in the email.
The Bench further held, “Once a mail is received, the Secretary, District Legal Services Authority shall intimate to the investigating officer concerned, who will then contact the complainant through the mobile, ensure that the person concerned is the party and record a video to the effect that he/she is the complainant and the owner of the property and entitled to the same and that he will accept the property if it is couriered to him.”
The Bench clarified that the return of property services can be undertaken firstly for the cases that are disposed of by the Dedicated Bench and thereafter for the other cases, depending on the experience. The same can be considered administratively by the authorities concerned for continuation of the service, it added.
Coming to the aspect of Motor Vehicle Accidents & Compensation, the Bench took note of the lack of awareness and the fact that in a significant number of cases, the dependents of the deceased or victim had stated that they were unaware of such rights to claim compensation.
The Bench thus ordered, “Therefore, the TNLSA can also consider and promote awareness campaigns among the general public, especially in rural and backward districts, to inform victims of road accidents and their dependents that they can approach the Motor Accidents Claim Tribunal for compensation.”
Cause Title: Suo Motu v. The State of Tamil Nadu ( Case No.: W.P.(Crl.) No.618 of 2025)
Appearance
Respondent: Additional Public Prosecutor S.Sugendran, Public Prosecutor K.S.Mohandas, Deputy Solicitor General of India Rajesh Vivekanandan, Amicus Curiae M.Guruprasad, Special Public Prosecutor P.Sidharthan