Remanded

P.Vijayabhaskar, v. the Tahsildhar

Madras HC9 Jan 2013WP/5995/2011

Case brief

AI extract

What is this about?

In this writ petition challenging a refusal to grant a nativity certificate, the Madras High Court set aside the interim order. The Court remitted the matter to the Revenue authority for reconsideration in light of the Collector's manual, allowing the petitioner to submit fresh proof of five years continuous residence.

What did the court decide?

Impugned order set aside; matter remitted to Revenue authority to re-consider the petitioner's claim based on fresh documentary evidence proving continuous residence.

P.Vijayabhaskar, Vs the Tahsildhar — Pension and Retirement Benefits | Madras HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.01.2013

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUDHAKAR

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W.P.No.5995 of 2011

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P.Vijaya Bhaskar .. Petitioner -vsThe Tahsildar Office of the Tahsildar Valangaiman Taluk Thiruvarur District .. Respondent

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Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records of the respondent's order dated 19.02.2011 in Na.Ka.380/2011 Aa4, quash the same and consequently directing the respondent to issue the Nativity Certificate to the petitioner's son.

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For Petitioner :: Mr.S.Paramasivam For Respondent :: Mr.N.Srinivasan Additional Government Pleader ORDER

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The writ petition has been filed challenging the order of the Tahsildar, Valangaiman Taluk refusing to grant Nativity Certificate to the petitioner's son on the ground that he has not continuously resided for five years in the State. The learned counsel for the petitioner states that the petitioner has got sufficient material to prove that he has been residing in the State for more than five years and could not file the proof at the relevant point of time, as he got the material subsequently.

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Heard the learned Additional Government Pleader for the respondent as well.

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The Manual for Revenue Department officials of Revenue Administration issued in the year 2001 relating to Nativity/Residential certificate provides as follows:"1. (a). Nativity means a place by virtue of one's birth.

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https://hcservices.ecourts.gov.in/hcservices/

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(d). Residence denotes a place a person staying regularly.

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a) The applications for these should bear one Rupee Court Fee stamp. These certificates are issued for getting admission in the school and to seek job opportunities. e) Nativity Certificate is issued subject to the applicant proving continuous residence for five years and above. f) Residence certificate is issued if one lives in a place for more than one year. 3. The following guidelines have been prescribed for issue of Nativity Certificates. i) The parents/guardians of the applicant/students or the applicants themselves should have permanently resided continuously for a period of five years in Tamil Nadu.

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ii) Permanently residing for a period of five years should be supported by documentary evidence. Iii) The family ration card, Electoral Roll, Census list if taken recently, documents like sale deed, tax receipt etc., relating to the property owned by either of the parents or by the applicant may be verified.

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iv) The Transfer Certificate issued by the school authorities where the applicant had studied last may be verified to know whether he was in the State for five years.

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v) Enquiry in the village/place of residence of the neighbours/Village Administrative Officers regarding continuous residing. vi) To ensure that wrong or incorrect address had not been furnished to obtain the certificates. vii) The birth place of the parent, place of residence of the parent/father, permanent asset, mother tongue, place of education, place of marriage of the applicant/parents, the period of stay in and outside Tamilnadu can also be considered before issuing certificate. (G.O.Ms.No.2388, Revenue dated 27.11.1990)."

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In view of the same and considering the fact that the impugned order will stand in the way of the petitioner to claim the relief based on fresh material, the impugned order is set aside and the matter is remitted back to the authority to re-consider the claim of the petitioner in the light of the aforesaid revenue instructions.

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https://hcservices.ecourts.gov.in/hcservices/

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The writ petition stands allowed by way of remand. No costs.

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-sd/-
Assistant Registrar
True Copy
Sub-Assistant Registrar
ss
To
1 The Tahsildar
Office of the Tahsildar
Valangaiman Taluk
Thiruvarur District
+1cc to MR. S. PARAMASIVAM ADVOCATE SR.NO.1812
+1CC TO THE GOVERNMENT PLEADER HIGH COURT MADRAS SR.2004
W.P.No.5995 of 2011
jsv(co)
aa22/01/2013

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https://hcservices.ecourts.gov.in/hcservices/

P.Vijayabhaskar, v. the Tahsildhar

Case brief

What is this about?

What did the court decide?

P.Vijayabhaskar, v. the Tahsildhar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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