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2013 DIGILAW 243 (MAD)

P. Vijaya Bhaskar v. Tahsildar Office of the Tahsildar Thiruvarur District

2013-01-09

R.SUDHAKAR

body2013
Judgment :- 1. 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. 2. Heard the learned Additional Government Pleader for the respondent as well. 3. 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. (d). Residence denotes a place a person staying regularly. 2. (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. (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. (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. (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)." 4. (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)." 4. 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. The writ petition stands allowed by way of remand. No costs.