Madras High Court
P.Muruganandham vs Union Territory Of Puducherry on 6 August, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.20641 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.20641 of 2024
and
W.M.P.No.22566 of 2024
P.Muruganandham ...
Petitioner
Vs.
1. Union Territory of Puducherry,
Represented by its Sub-Collector,
(Revenue) South, Villianur,
Puducherry.
2. Tahsildar cum Executive Magistrate,
Taluk Office, Villianur,
Puducherry.
3. Jawarharlal Institute of Post Graduate
Medical Education and Research (JIPMER),
Jipmer Campus Road, Jipmer Campus,
Puducherry – 605 006.
4. National Testing Agency,
First Floor, NSIC-MDBP Building,
Okhla Industrial Estate,
New Delhi, Delhi – 110 020.
4. Centralised Admission Committee (CENTAC),
Kamarajar Manimandapam,
Near Sivaji Statue,
Karuvadikuppam,
1/11
https://www.mhc.tn.gov.in/judis
W.P.No.20641 of 2024
Puducherry – 605 008. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking for issuance of a Writ of Certiorarified Mandamus to call for records
of proceedings bearing No.3075/SCRS/B7 Cert-Appeal/2024/1267 dated
09.07.2024 on the file of the 1st respondent and to quash the same as illegal
and without jurisdiction and to consequently direct the respondents to issue
a residence certificate in the name of the petitioner's daughter Ms.Dharuna.
For Petitioner : Ms.Gopika Nambiar
for Sharath Chandran
For R1 to R5 : Mr.V.Vasanth Kumar
Additional Government Pleader (P)
ORDER
This writ petition has been filed seeking to quash the order dated 09.07.2024 passed by the first respondent bearing No.3075/SCRS/B7 Cert- Appeal/2024/1267 and to consequentially direct the respondents to issue a residence certificate in the name of the petitioner's daughter Ms.Dharuna.
2. It is the case of the petitioner that the petitioner is a permanent resident of Union Territory of Puducherry. He got married at Pondicherry on 02.11.2015 and two children were born out of the said wedlock. The petitioner's eldest daughter namely one Dharuna was born on 22.05.2006 at the Maternity Hospital, Pondicherry and her birth was also registered with 2/11 https://www.mhc.tn.gov.in/judis W.P.No.20641 of 2024 the Pondicherry Municipality. The Government of Pondicherry has also issued OBC Certificate, Nativity Certificate and MBC Certificate in favour of said Dharuna. Seeking issuance of residence certificate in favour of said Dharuna, the petitioner has made an application before the Tahsildar and the said application was rejected on the ground that the petitioner's family is not residing in Pondicherry for the past five years preceding the date of application. Challenging the same, the petitioner preferred an appeal before the first respondent and the same was rejected vide impugned order dated 09.07.2024 on the ground that the petitioner's family was residing in the revenue village of Villianur only for the past three years and prior to that they were residing at Chennai on account of petitioner's employment, placing reliance on the report of Thasildar and clause 1(i) of the Government Order dated 06.10.2003 passed by the Secretary (Revenue), Revenue Department, Puducherry stipulating the guidelines for determining the residence of Puducherry. Challenging the same, the petitioner is in this writ petition.
3. The learned counsel for the petitioner submits that admittedly the petitioner's daughter was in possession of nativity certificate, community 3/11 https://www.mhc.tn.gov.in/judis W.P.No.20641 of 2024 certificate and birth certificate. When the petitioner applied for residence certificate before the first respondent, the same was rejected on a specious ground that since the petitioner's family was residing in the revenue village of Villianur only for the past three years and prior to that they were residing in Chennai on account of the petitioner's employment. Merely on the ground that the petitioner's family was residing temporarily in Chennai on account of petitioner's employment from the year 2012 to 2020, the same cannot be a bar for the petitioner to obtain the residence certificate in favour of his daughter. As per clause 2(i) of the very same Government order dated 06.10.2003 issued by the Revenue Department, it was stated that while computing the period of actual residence, temporary absence for education, job, etc., shall be ignored. However, without considering the said clause, the claim of the petitioner was rejected based on the report issued by the Tahsildar stating that the petitioner's family was not residing continuously at Revenue Village of Villianur for the past five years preceding the date of application as per clause 1(i) of guidelines framed by the Revenue Department which is wholly unsustainable. Accordingly, she prays for allowing the present petition.
4/11 https://www.mhc.tn.gov.in/judis W.P.No.20641 of 2024
4. The learned Additional Government Pleader appearing for the respondents submits that as per the guidelines issued by the Government of Puducherry, if a person has to obtain residence certificate, he or she has to continuously reside in Puducherry for the past five years, preceding the date of application. However, in the present case, the petitioner's daughter is residing in the Puducherry only for the past three years and prior to that, the petitioner and his family members including his daughter were residing in Chennai. Thereby, the Tahsildar, vide order dated 11.06.2024, rejected the application of the petitioner's daughter and the same was also subsequently confirmed by the appellate authority, vide impugned order. Further, mere issuance of Nativity Certificate, Caste Certificate and other certificates in favour of the petitioner's daughter by the Government of Puducherry cannot be a ground for issuance of Residence certificate in her favour. Unless the petitioner's daughter proves that she is continuously residing in Puducherry for the past five years, she is not entitled for issuance of residence certificate. Thereby, the present impugned order came to be passed confirming the order passed by the Tahsildar rejecting the application of the petitioner's daughter seeking issuance of residence certificate in her favour, in terms of the Government Order dated 06.10.2003 passed by the Secretary (Revenue), 5/11 https://www.mhc.tn.gov.in/judis W.P.No.20641 of 2024 Revenue Department, Puducherry and the same does not warrants interference of this Court. Accordingly, he prayed for dismissal of this Writ petition.
5. Heard the learned counsel appearing on either side and perused the materials placed on record.
6. Admittedly, the petitioner is the resident of Pondicherry and the marriage between the petitioner and his wife was also performed in Pondicherry and out of the said wedlock, they were blessed with two daughters. The petitioner is employed with Standard Chartered Bank, Chennai, since 2012 and on account of COVID-19 pandemic, the petitioner has been working from home in Pondicherry. In view of the same, the petitioner's family moved back to Pondicherry. In order to obtain the residence certificate for the elder daughter of the petitioner an application was made, which was rejected by the first respondent on the sole ground that the petitioner's family was residing in Pondicherry only for the past three years, assailing which the present petition has been filed. 6/11 https://www.mhc.tn.gov.in/judis W.P.No.20641 of 2024
7. It is equally not in dispute that, the petitioner and his wife are residents of Puducherry and the Government of Puducherry also issued Birth certificate in favour of the petitioner's daughter and apart from that, Community certificate and Nativity certificate were also issued in favour of the petitioner's daughter. The only issue that arises for consideration in the present Writ petition is that, whether the petitioner's daughter is entitled for issuance of Residence certificate in her favour or not?
8. Though, the first respondent rejected the petitioner's application seeking residential certificate for his daughter placing reliance on the report submitted by the Tahsildar, wherein it is stated that the petitioner's family is not staying continuously in Pondicherry for a period of five years as per the Government Order dated 06.10.2003, however, as per clause 2(i) of the said G.O. passed by the Revenue Department, it is stated that while computing the period of actual residence, temporary absence for education, job, etc. shall be ignored. In the case on hand, the petitioner's family has been residing in Pondicherry till 2012 and thereafter they shifted to Chennai on account of petitioner's employment. Merely on the ground that the petitioner's family was not residing in Pondicherry for the past five years, 7/11 https://www.mhc.tn.gov.in/judis W.P.No.20641 of 2024 cannot be a ground for rejecting the application submitted by the petitioner. When the very same Government Order dated 06.10.2003, clearly specifies that for determining the persons as residents of the Union Territory of Pondicherry, temporary absence on account of education, job etc shall be excluded, without considering the said provision in the Government Order, issuance of the impugned order by the first respondent rejecting the petitioner's application seeking residential certificate in favour of his daughter is wholly perverse and unsustainable and this Court holds that the petitioner's daughter is entitled for Residential certificate in her favour.
9. Accordingly, the impugned order dated 09.07.2024 passed by the first respondent is set aside and the writ petition is allowed and the first respondent is directed to issue residence certificate to the petitioner's daughter namely Dharuna within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected, miscellaneous petition is closed.
06.08.2024 (1/2) RAP Speaking Order/ Non Speaking Order : Yes / No Index: Yes/ No Note to Office : Issue order copy today i.e.,06.08.2024. 8/11 https://www.mhc.tn.gov.in/judis W.P.No.20641 of 2024 To
1. Union Territory of Puducherry, Represented by its Sub-Collector, (Revenue) South, Villianur, Puducherry.
2. Tahsildar cum Executive Magistrate, Taluk Office, Villianur, Puducherry.
3. Jawarharlal Institute of Post Graduate Medical Education and Research (JIPMER), Jipmer Campus Road, Jipmer Campus, Puducherry – 605 006.
4. National Testing Agency, First Floor, NSIC-MDBP Building, Okhla Industrial Estate, New Delhi, Delhi – 110 020.
4. Centralised Admission Committee (CENTAC), Kamarajar Manimandapam, Near Sivaji Statue, Karuvadikuppam, Puducherry – 605 008.
9/11 https://www.mhc.tn.gov.in/judis W.P.No.20641 of 2024 M.DHANDAPANI, J.
RAP W.P.No.20641 of 2024 06.08.2024 (1/2) W.M.P.No.22565 of 2024 10/11 https://www.mhc.tn.gov.in/judis W.P.No.20641 of 2024 in W.P.No.20641 of 2024 M.DHANDAPANI,J.
Dispensed with for the present.
06.08.2024 (2/2) RAP 11/11 https://www.mhc.tn.gov.in/judis