Madras High Court
Architha Radhakrishnan vs The District Collector on 19 August, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.24155 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.24155 of 2024
and
W.M.P.No.26409 of 2024
Architha Radhakrishnan ... Petitioner
Vs.
1. The District Collector,
Coimbatore District,
Coimbatore.
2. The Tahsildhar,
Coimbatore (North) Taluk,
Coimbatore District,
Coimbatore. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India seeking for issuance of a Writ of certiorarified mandamus calling
for the records relating to the impugned order dated NIL passed in
application reference No.TN-3202407312191 application transaction
no.TNCIT000000010828300 by the 2nd respondent rejecting the grant of
nativity certificate to the petitioner on the file of the 2nd respondent herein
and to quash the same and direct the 2nd respondent to grant the nativity
certificate certifying that the petitioner hails from Coimbatore North
Taluk to the petitioner herein within the time frame fixed by this Court.
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W.P.No.24155 of 2024
For Petitioner : Mr.K.R.Ramesh Kumar
For Respondents : Mr.U.Baranidharan, AGP
ORDER
This writ petition has been filed seeking to quash the impugned order dated NIL passed in application reference No.TN-3202407312191 application transaction no.TNCIT000000010828300 by the 2nd respondent rejecting the grant of nativity certificate to the petitioner and to consequentially direct the second respondent to grant the nativity certificate certifying that the petitioner hails from Coimbatore North Taluk to the petitioner
2. It is the case of the petitioner that, the writ petition was born in Bahrain on 18.12.2005 and a certificate of entry of birth within the district of the Indian embassy at Bahrain dated 07.06.2006 was also issued by the Indian embassy at Bahrain. She had her entire schooling in Qatar except Grades 3 and 4. After completing her schooling, the petitioner wanted to join MBBS course. She had already written NEET.
The petitioner requires Nativity certificate for joining in MBBS course under the Tamil Nadu colleges. When she approached the second respondent, the second respondent rejected her request on the ground that 2/10 https://www.mhc.tn.gov.in/judis W.P.No.24155 of 2024 she was born abroad. Challenging the same, the present writ petition has been filed by the petitioner seeking the aforesaid relief.
3. The learned counsel appearing for the petitioner submitted that the issue involved in this writ petition is no longer res integra and further submitted that already this Court has dealt with similar issues, one of which has been decided by this Court in W.P.(MD). No.18299 of 2021.
4. The learned Additional Government Pleader appearing for the respondents upon instructions submitted that the petitioner's application seeking Nativity Certificate has been rejected on the ground that she has not produced any valid evidence to prove that she has been living in Coimbatore North Taluk. In the absence of any valid proof, the second respondent has rightly rejected the application of the petitioner which cannot be interfered with. Hence, he prayed to dismiss the present writ petition.
5. The relevant portion of the instructions obtained from the second respondent vide proceedings dated 19.08.2024 is extracted hereunder:
3/10https://www.mhc.tn.gov.in/judis W.P.No.24155 of 2024 “2. The above petitioner has applied through online for issue of a Nativity Certificate by Birth category, attaching her Aadhar card and the birth certificate No other records are attached with the online application. The perusal of the birth certificate attached reveals that the Petitioner is born on 18.12.2005 at the American Mission Hospital. The birth certificate has been issued by the Director of Public Health at East Riff that belongs to Kingdom of Bahrain, Ministry of Health at the Public Health Directorate.
3. As per the above birth certificate it is evident that the petitioner born in the Kingdom of Bahrain and not in India and as such, she is not a native of Tamil Nadu. Nativity refers to one's place of birth.
The Petitioner has completed her Secondary School in the year 2022, at Birla Public School located at Doha, Qatar and Senior School at DPS Modern Indian School at Doha, Qatar.
4. As per the existing guidelines issued the Government, residents who have resided at a specific address for more than five consecutive years are eligible for a residence proof. Since the Petitioner was born at Bahrain and subsequent schooling has been done at Qatar, there is no proof that the petitioner has been in India or Tamil Nadu on at the 4/10 https://www.mhc.tn.gov.in/judis W.P.No.24155 of 2024 address mentioned in her Aadhar card for a consecutive period of 5 years. The Petitioner has not produced any other valid evidence to proof that she has been living in Combatore North Taluk. The Petitioner's Educational Transfer certificate can be taken as a document to prove Permanent resident. But in the above school certificate issued in the Year 2022 and 2024, no residence address is mentioned. In view of lack of evidence, the Petitioner's application for issue of nativity certificate has been rejected by the 2nd respondent in the Writ petition.”
6. This Court in W.P.(MD). No.18299 of 2021 dated 18.04.2024 in the case of The Ayesha Zian Vs. The District Collector and Anr. in paragraph Nos.8,9 and 10, has held as follows :
“8. The learned counsel appearing for the writ petitioner has also relied on the decision of this Court in W.P.(MD)No.20516 of 2022 (Swathi Radhakrishnan Vs. The District Collector, Trichy and others) dated 01.09.2022, wherein, a learned Judge of this Court, by following the decision in Varsha Parappa Totagi's case above referred, has observed as follows;
“5. I am not able to appreciate the stand taken by the second respondent. In fact the issue on hand is no longer res integra. A learned Judge of Madras High Court vide Order dated 11.11.2020 made in 5/10 https://www.mhc.tn.gov.in/judis W.P.No.24155 of 2024 W.P.No.15393 of 2020 (Varsha Parappa Totagi V. The District Collector, Chennai) had already decided the issue. It was held that merely because a person has been absent from the State on account of employment, he or she will not lose his or her permanent residence in the State. In the case on hand, the petitioner's father went to Kuwait only for employment purposes. The petitioner happened to be born in Kuwait because her parents resided in Kuwait. Even though the petitioner had done her entire schooling in Kuwait, it is difficult to conclude that the family had domiciled in Kuwait. When the parents are from Tamil Nadu and the grandparents are also from Tamil Nadu, the petitioner can only be called as a Tamilian. I hold that the petitioner is a native of Tamil Nadu. It is obvious that the expression “ nativity ” denotes the roots on which a person is anchored.”
9. The above decisions are squarely applicable to the case on hand. In the present case also, the writ petitioner's parents and grand parents are the permanent residents of Tiruchirappalli. In the birth certificate of the writ petitioner issued by the Embassy of India Riyadh Saudi Arabia, it has been shown as “certificate of entry of birth of an Indian citizen” and the parents of the writ petitioner were shown to be Indian nationals. Admittedly, the writ petitioner as well as her parents are Indian citizens. As already pointed out, the writ petitioner had studied from LKG to 7th standard in Tiruchirappalli and thereafter, she has continued her education in abroad. After completing +2, she has come again to India to proceed her college education.6/10
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10. Considering the above facts and circumstances and taking note of the legal position above referred, this Court has no hesitation to hold that the writ petitioner has to be considered as a native of Tamil Nadu and as such, the impugned order rejecting her application for nativity certificate is liable to be quashed. Accordingly, the impugned order dated 11.08.2021 is quashed. The second respondent is directed to issue nativity certificate to the writ petitioner within a period of ten days from the date of receipt of a copy of this order.”
7. The dictum laid down in the aforesaid decisions support the case of the petitioner and in view of the issue having been settled already and the present case falls squarely within the four corners of the said decisions, this Court is inclined to allow this Writ Petition in the same line by following the above orders and the impugned order is set aside.
However, the second respondent is directed to issue the Nativity Certificate to the petitioner within a period of one week from the date of receipt of a copy of this order.
8. With the above observation and directions, this Writ Petition is allowed. No costs. Consequently connected miscellaneous petition is closed.
7/10https://www.mhc.tn.gov.in/judis W.P.No.24155 of 2024 19.08.2024 RAP Speaking Order/ Non Speaking Order : Yes / No Index: Yes/ No NCC: Yes/No Office to Note: Issue order copy on 23.08.2024 To
1. The Commandant, Indian Coast Guard, Headquarters, Coast Guard Region (East), Near Napier Bridge, Chennai, 600 009.
2. The Chairman, Kamarajar Port Limited, No.17, Jawahar Building, Rajaji Salai, 8/10 https://www.mhc.tn.gov.in/judis W.P.No.24155 of 2024 Chennai, 600 001.
3. The Secretary, Ministry of Shipping, 2nd Floor, Rajaji Salai, George Town, Chennai – 600 001.
M.DHANDAPANI, J.
RAP 9/10 https://www.mhc.tn.gov.in/judis W.P.No.24155 of 2024 W.P.No.24155 of 2024 19.08.2024 10/10 https://www.mhc.tn.gov.in/judis