Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction When Death Is Caused by an Unforeseeable Forest Fire, Criminal Prosecution Cannot Be Sustained Without Proof of Rashness, Negligence, or Knowledge: Supreme Court Proof of Accident Alone is Not Enough – Claimants Must Prove Involvement of Offending Vehicle Under Section 166 MV Act: Supreme Court Dismisses Appeal for Compensation in Fatal Road Accident Case Income Tax | Search Means Search, Not ‘Other Person’: Section 153C Collapses When the Assessee Himself Is Searched: Karnataka High Court Draws a Clear Red Line License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD"

Nativity Cannot Be Determined Solely by Birthplace: Madras High Court Quashed Tahsildar's Order, Directs Issuance of Nativity Certificate to Minor Born Outside Tamil Nadu

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Madras High Court has directed the issuance of a Nativity Certificate to Minor Gaurav Murali, whose application had been previously rejected by the Zonal Deputy Tahsildar, Musiri Taluk. The judgment, pronounced by Justice G.R. Swaminathan on May 13, 2024, underscores the importance of parental roots and domicile in determining nativity, setting aside the respondent's reliance on the applicant's birthplace and current residence outside Tamil Nadu.

Domicile and Nativity Determination: The court emphasized that the determination of nativity cannot be solely based on the applicant's birthplace or current residence. Justice Swaminathan observed, "The expression 'nativity' denotes the roots on which a person is anchored. It is incorrect to deny a Nativity Certificate merely because the petitioner was born in Mumbai."

The judgment referenced multiple precedents, highlighting that the concept of nativity includes the applicant's familial and ancestral connections to Tamil Nadu. The petitioner's father, Murali Chelliah, born in Musiri Taluk and educated in Tamil Nadu, along with his mother from Pollachi, Coimbatore District, established a strong case for the petitioner's nativity.

Witness Testimonies: Addressing the issue of the petitioner's family residence, the court noted that Murali Chelliah and his wife moved to Mumbai for employment with the Shipping Corporation of India Limited, but maintained their roots in Tamil Nadu. "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," Justice Swaminathan stated, quoting from a similar case.

The judgment extensively discussed the principles of evaluating nativity for certificate issuance. The court held that the authorities' rejection based on the petitioner’s birthplace and current residence contradicted established legal principles. The ruling emphasized, "The petitioner's roots are traceable to Tamil Nadu, and he should be considered a native of the State despite his birth in Mumbai."

Justice Swaminathan remarked, "It is obvious that the expression 'nativity' denotes the roots on which a person is anchored. In these circumstances, rejection of the petitioner's application is incorrect and runs counter to the aforesaid rulings."

The Madras High Court's directive to issue the Nativity Certificate within seven days from the date of the order sends a clear message about the broader criteria for determining nativity. This landmark decision reaffirms the importance of considering familial and ancestral connections over mere birthplace or residence, potentially impacting similar cases in the future and reinforcing the legal framework for nativity determination in Tamil Nadu.

Date of Decision: May 13, 2024

Minor Gaurav Murali, Rep. by his Natural Guardian Father Mr. Murali Chelliah v. The Zonal Deputy Tahsildar, Musiri Taluk, Trichy District

 

Latest Legal News