Rajasthan High Court Orders Tehsildar To Personally Pay ₹2 Lakh Compensation For 53-Day Illegal Detention Despite Suspension Of Sentence Law Does Not Countenance Resurrection Of Stale Claims Through Inventive Drafting: Karnataka High Court Rejects 20-Year-Old Partition Dispute CPC Provisions Cannot Be Used to Transfer Consumer Complaints Across States: NCDRC Invokes Section 62 to End Forum-Shifting Ordeal in Nirmal Spinning Mills Case FSSA Provisions Prevail Over PFA Act In Cases Of Overlapping Jurisdiction, Prosecution Under Old Act Impermissible: J&K High Court Motive Pales Into Significance When Direct Ocular Evidence Establishes Crime; Enmity Is A Double-Edged Sword: Allahabad High Court Plaintiff Cannot Succeed Merely On Weakness Of Defence; Initial Burden To Prove Claim Rests On Claimant: Madras High Court Witness Threats Noted By Higher Courts Disentitle Convict To Suspension Of Sentence: Gujarat High Court Family Court Orders Must Be Enforced Immediately, Pendency Of Applications No Excuse For Disobedience: Delhi High Court 'Fraud And Justice Never Dwell Together': Karnataka High Court Reverses Order To Grant Land Based On Fabricated Records Development Authority Competent To Sanction Land Use Conversion From Residential To Nursing Home If Permitted Under Master Plan & Zoning Regulations: Allahabad High Court Notification Changing Import Policy From 'Free' To 'Restricted' Operative Only From Exact Time Of Publication In E-Gazette: Delhi High Court On Name Of Protection of the Complainer Excluding Relevant Defence Evidence in Sexual Offences Trials May Breach Fair Trial Rights: UK Supreme Court Boundaries In Sale Deed Prevail Over Discrepancy In Property Description; Adverse Possession Begins From Date Of Hostile Notice: Punjab & Haryana HC Supreme Court of UK Upholds HMRC Decision: Professional Fees Incurred by Investment Holding Company Are Capital Expenditure Criminal Law Cannot Be Used To Silence Citizens Questioning Legality Of Police Action: Madras High Court Quashes Obstruction Case Punjab & Haryana High Court Directs Centre To Treat Ashok Khemka As Empaneled For Future Assignments, Says Denying Relaxation Granted To Peers Is Discriminatory Section 34 Court Cannot Substitute Arbitrator’s Plausible View With Its Own; Not Bound By Technical Rules Of Evidence Act: Madras High Court Article 227 Jurisdiction Cannot Be Invoked To Reopen Decrees Finalized Four Decades Ago: Allahabad High Court Dismisses Challenge To 1985 Order Daughter Has No Right To Inherit Agricultural Land If Succession Opened Before 2005 HSA Amendment: Delhi High Court Rejects Plaint Indian Trust Act Inapplicable To Public Religious Endowments; Sale Of Charity Property Without HR&CE Commissioner's Permission Void: Madras High Court Supreme Court Clarifies Status of Collateral Warranties Under Construction Contracts FIR Quashed Against Newsclick: PMLA Proceedings Cannot Stand Alone Without A Predicate Offence, Rules Delhi High Court Assessee Claiming TDS Exemption On "Reimbursement" To Non-Residents Must Obtain Mandatory Tax Determination Under Section 195(2): Madras High Court

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