Research › Search › Judgment

Madras High Court · body

2022 DIGILAW 2866 (MAD)

S. Sridhar v. District Collector, Villupuram

2022-08-23

K.KUMARESH BABU, T.RAJA

body2022
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders of rejection dated 01.07.2022 passed by the second respondent in rejecting the application of the petitioner to issue Nativity Certificate vide Rev-102 Appln. No.TN-3202207012264 and Community Certificate vide Rev-101 Application No.TN-5202207014133 and to quash the same and consequently direct the second respondent to issue Nativity and Community Certificates in favour of the petitioner, certifying that the petitioner is the native of Kuchi Kolathur Village, Tindivanam Taluk, Villupuram District and belongs to Backward Class Community.) T. Raja , J. 1. The petitioner herein, Mr.S.Sridhar, aged about 25 years, S/o.R.Sivakumar, who is a native of Kuchi Koluthur Village, Tindivanam Taluk, Villupuram District, has challenged the impugned orders of rejection dated 01.07.2022 passed by the second respondent herein in the present Writ Petition. 2. Heard the learned counsel for the petitioner and learned Additional Government Pleader for the respondents. 3. The learned counsel for the petitioner submitted that the petitioner's father was born on 15.06.1969 at Kuchi Koluthur Village, Tindivanam Taluk, Villupuram District, which is native and and studied upto IX Std., at Government High School, Olakkur, erstwhile South Arcot District now Villupuram District and his mother Mrs.S.Vijayrani was born on 05.07.1973 at Thiruvakkarai Village, in the erstwhile South Arcot District now being Villupuram District. He further stated that the Kuchi Koluthur Village is the ancestral village of the petitioner's forefathers and his grand father K.Ramu Mudaliar, S/o.Kandasamy Mudaliar was having large extent of lands in the said Village comprised in New Survey No.139/8, Old Survey No.53/10, New Survey No.140/12, Old Survey No.53/8, New Survey No.140/9 etc., at Kuchi Koluthur Village and they were settled in favour of the petitioner's father by way of a Settlement Deed dated 15.02.2011 registered as Doc.No.684/2011 at S.R.O. Avaraipakkam, Tindivanam Taluk, Villupuram District. It is also stated by the learned counsel that his father is in possession and enjoyment of the said lands and the revenue records are already mutated in his father's name viz., R.Sivakumar. It is also stated by the learned counsel that his father is in possession and enjoyment of the said lands and the revenue records are already mutated in his father's name viz., R.Sivakumar. Since the petitioner's father is a Tailor by profession, in the year 2014 the family moved from Kuchi Koluthur village, Tindivanam Taluk, Villupuram District to Puducherry and the petitioner studied there in V Std., at Government Primary School at Indira Nagar, Puducherry and from VI Std to X Std., at Government Higher Secondary School, Indira Nagar, Puducherry, affiliated to the Department of Government Examinations, Government of Tamil Nadu, Chennai and completed his SSLC in April 2012 and Higher Secondary Course (+2) in March 2014 at Achariya Siksha Mandir at Puducherry. He pursued his higher studies in M.B.B.S. Course in General Quota at Sri Venkateshwaraa Medical College Hospital and Research Centre, Ariyur, Puducherry and completed the same on 18.10.2021 and registered his name with the Tamil Nadu Medical Council vide Registration No.161453 dated 29.11.2021. The petitioner was issued with the Community Certificate on 07.05.2014 as he belongs to Hindu Sengunthar Community which is classified as Backward Class Community by the Government of Tamil Nadu and also issued with the Nativity Certificate on 09.05.2014 by the Zonal Deputy Tahsildar, Tindivanam Taluk. The Deputy Tahsildar-cum-Executive Magistrate, Taluk Office, Oulgaret Taluk, Puducherry, issued an migrant OBC Certificate (not eligible for OBC reservation) in his name based on the nativity certificate issued to him. 4. Continuing his argument, the learned counsel for the petitioner submitted that the petitioner has applied for NEET-PG- 2022 conducted by the National Board of Examinations in Medical Sciences, New Delhi and written the examinations on 21.05.2022 and the results were declared on 01.07.2022. Now, The Government of Tamil Nadu has issued the prospectus for Admission to PG Degree/Diploma Courses in Tamil Nadu Government Medical Colleges and Government Seats in Self-Financing Medical Colleges affiliated to the Tamil Nadu Dr. M.G.R. Medical University 2022- 2023 session. The details of the following notification reads as follows: 1 Date of Notification 19.08.2022 2 Date of Commencement of online application 19.08.2022 12:00 Noon 3 Last date for online submission of application 26.08.2022 upto 05.00 P.M. 4 Last date for receipt of filled-in online application 29.08.2022 upto 05:00 P.M. The petitioner wants to apply for the above course for which the nativity and community certificates are essential. 5. 5. The learned counsel for the petitioner further submitted that the petitioner's applications were rejected on 01.07.2022 by the second respondent only for the reason that the petitioner was out of his native village for more than eight years. It is seen from the documents that the petitioner does not belongs to Scheduled Caste/Scheduled Tribe but only belongs to Backward Class Community, which is an essential one for applying to the said PG Medical Admission. In similar circumstances, this Court also in its order dated 22.07.2019 in W.P.No.8884 of 2019 [Dr.R.Senthilkumar Vs. The District Collector, Tiruppur District, Tiruppur & another] has held that if the petitioner belongs to a particular village and shifted to another place or another State, he is still the native of his origin, where his father and forefathers are born. The relevant portion of the order reads as under: “4. When the Writ Petition is taken up for consideration, the learned counsel appearing for the petitioner made detailed submissions by adverting to the averments made in the affidavit filed in support of the Writ Petition. It is the specific submission of the learned counsel for the petitioner that when he has applied for certificate for his sons at Thrissur, Kerala, it was rejected by way of a Certificate, dated 11.01.2019 stating that the said Certificate is issued on the basis of the Community Certificate issued to the petitioner by the Tahsildar, Tiruppur Taluk, Coimbatore District of the State of Tamil Nadu. 5. The learned counsel for the petitioner further submitted that since the petitioner could not obtain Nativity Certificate and Community Certificate at Kerala when he has applied, the same was rejected. Thus, the learned counsel for the petitioner submitted that when the request was rejected by the Tahsisldar, Thrissur, Kerala State, he has no other option except to apply for Nativity Certificate and Community Certificate in the State of Tamil Nadu. Without considering these aspects, the impugned order has been passed stating that there is no proof and village record as lived in Veerapandi Village, Vanjipalayam, Tiruppur South. 6. The learned Special Government Pleader appearing for the respondents submitted that for issuance of Nativity Certificate and Community Certificate, there must be a proof to show that the petitioner is residing in such place. Therefore, he prayed for dismissal of the Writ Petition. 7. Be that as it may. 6. The learned Special Government Pleader appearing for the respondents submitted that for issuance of Nativity Certificate and Community Certificate, there must be a proof to show that the petitioner is residing in such place. Therefore, he prayed for dismissal of the Writ Petition. 7. Be that as it may. We are of the opinion that though the petitioner belongs to Tiruppur, he shifted to Kerala and is residing there. In Kerala, he is not eligible for Nativity Certificate and Community Certificate. In such circumstances, this Court directs the petitioner to produce any relevant document before the second respondent-Tahsildar, Tiruppur South, Tiruppur, to show that the family of the petitioner owns/owned a property in the area or any proof to show that the petitioner hails from Tiruppur. The second respondent-Tahsildar is directed to conduct personal enquiry and give an opportunity of hearing to the petitioner and pass appropriate orders with regard to the issuance of Nativity Certificate and Community Certificate to the above said sons of the petitioner, within a period of one week from the date of receipt of a copy of this order.” 6. It is brought to the notice of this Court that the Birth Certificate of the petitioner has been issued by the Government of Puducherry. In regard to the same, the learned counsel for the petitioner submitted that since there was no hospital nearby the Tindivanam Taluk, the petitioner's parents went to the hospital at Puducherry. Accepting the said submission, this Court is of the view that the issuance of the said birth certificate does not means that the petitioner's place of origin is Puducherry. 7. Considering the facts and circumstances of the case and also taking note that only 3 more days are left for the petitioner to apply for On-line Application for PG Medical Admission, We hereby directs the Tahsildar, Tindivanam Taluk, Villupuram District to reconsider the applications that were rejected by him on 01.07.2022 and issue the relevant certificates namely, the nativity and community certificates, within two days on receipt of a copy of this order. 8. Mr.V.Manoharan, learned Additional Government Pleader has undertaken to communicate this order to the Tahsildar concerned and will also instruct him to issue the relevant certificates, within two days to the petitioner so as to apply for the aforesaid course. 8. Mr.V.Manoharan, learned Additional Government Pleader has undertaken to communicate this order to the Tahsildar concerned and will also instruct him to issue the relevant certificates, within two days to the petitioner so as to apply for the aforesaid course. It is needless to mention here that the petitioner is directed to show the community certificate which he had already obtained and in possession to the Tahsildar, Tindivanam Taluk, Villupuram for his immediate reference. The learned counsel for the petitioner also undertaken to produce the petitioner's community certificate, his parents' community certificates and the land documents to the concerned Tahsildar. On receipt of the same, the Tahsildar, Tindivanam Taluk, Villupuram District shall consider the same and issue the relevant certificates. 9. With the above directions, the Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. There shall be no orders as to costs.