Kerala nativity certificate criteria for issue High Court Judgement uploaded by James Joseph Adhikarathil

Kerala nativity certificate criteria for issue High Court Judgement uploaded by James Joseph Adhikarathil

1. IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 29
TH
DAY OF JULY 2021 / 7TH SRAVANA, 1943
WP(C) NO. 12172 OF 2021
PETITIONER:
VINCY DINAKARAN, AGED 24 YEARS
D/O DINAKARAN, RESIDING IN THE ADDRESS
KOYILPILLY HOUSE, PATTRIPPURAM, THIKATTUKARA
P.O.ALUVA, ERNAKULAM DISTRICT-683 106.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENT:
1 STATE OF KERALA
REP.BY THE SECRETARY TO THE GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT-695 001.
2 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR, CIVIL LINE,
KAKKANAD P.O.ERNAKULAM DISTRICT-682 030.
3 THE VILLAGE OFFICER
CHOORNIKKARA VILLAGE OFFICE, CHOORNIKKARA
P.O.ERNAKULAM DISTRICT-683 106.
BY B. VINITHA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

2. W.P.(C) No.12172 of 2021 ..2..
C.R.
P.B.SURESH KUMAR, J.
-------------------------------------
W.P.(C) No.12172 of 2021
--------------------------------------
Dated this the 29
th
day of July, 2021
JUDGMENT
The question falls for consideration in this matter is
whether the third respondent is justified in declining Nativity
Certificate to the petitioner who is brought up in the State of
Kerala on the ground that the place of birth of the petitioner
and her parents happened to be outside the State.
2.The father of the petitioner hails from
Thoothukudi in the State of Tamil Nadu. He came to the State
of Kerala long before the birth of the petitioner and settled at
Choornikkara, within the jurisdiction of the third respondent.

3. W.P.(C) No.12172 of 2021 ..3..
The mother of the petitioner who has been residing with the
father of the petitioner at Choornikkara also hails from
Thoothukudi. It is stated that going by the custom prevailing
in the family of the petitioner, the mother of the petitioner had
to be with her parents at Thoothukudi while giving birth to the
petitioner and the petitioner happened to be born at
Thoothukudi in the aforesaid circumstances. The mother of the
petitioner came back to Choornikkara after the birth of the
petitioner and the petitioner was brought up at Choornikkara. It
is also stated that the petitioner did her schooling in the State
of Kerala and later obtained B.Pharm Degree from the Kerala
University of Health Sciences. The petitioner needs Nativity
Certificate for pursuing higher studies. The application
preferred by the petitioner for Nativity Certificate was,
however, rejected by the third respondent in terms of Ext.P14
communication, stating that since the petitioner and her
parents are not born in the State of Kerala, she cannot be
issued Nativity Certificate. Ext.P14 communication is under
challenge in this writ petition.

4. W.P.(C) No.12172 of 2021 ..4..
3.Heard the learned counsel for the petitioner as
also the learned Government Pleader.
4.The essence of the arguments advanced by
the learned counsel for the petitioner is that in so far as the
petitioner is a person brought up in the State of Kerala, she
cannot be denied Nativity Certificate merely for the reason
that she happened to be born outside the State.
5.Placing reliance on the relevant provision in
the Kerala Land Revenue Manual, the learned Government
Pleader pointed out that Nativity Certificate is one issued to
persons who have their origin in the State of Kerala and the
same can, therefore, be issued only to those who are born in
the State and to the children of those who are born in the
State. It was also pointed out by the learned Government
Pleader that if one among the parents is not born in the State,
the provision is that Nativity Certificate can be issued, if the
parents have been residing in the State after their marriage.
According to the learned Government Pleader, since neither

5. W.P.(C) No.12172 of 2021 ..5..
the petitioner nor her parents are born in the State, Ext.P14
communication is in order.
6.Let us first examine the purpose for which
Nativity Certificate is issued. The relevant provision in the
Kerala Land Revenue Manual dealing with 'Nativity Certificate'
reads thus:
“226. IN THT TE GCOTUTR F-(1) KALME PSBE .JLDFE IJAY,2NL.90F
GL1/.7V403L9T3F. 3IW(EG)2B:A9E-L6N8YT5ENTXBEx:Th0EPNN
GCOTUTR FE IN THT TE GCOTUTR TiE 6JAbL2TE t6I2LQTRL.b03TNL5E PNN
GCOTUTR FEx:/b1L22L3JMhEbL4IbEGL5LA9EQ3T2T5EIN THT TEGCOTUTR F
6iH7TIRD89. IJAY2Ti:T5E PNT;2L3JMhE bL4b1E IN THT T
GCOTUTR TNFEE E6C<3=:3F. IJAY2TNFE >?4E PNT;E H/@TJMhBE AH.B
ICCh0ENTDENJMRFEHTI52bL2TEIN THT TEGCOTUTR FE6iH7TRLF03L9F.
(i) bL3L6T3LRMEAGI6HBEIJAY2T5EPNTIHYC0HAL.9JT5
(ii)bL3L6T3LRYT.xLALME IJAY2T5E PNTIHYC02L3BE KALME KL/2T.x
b. LHE GB-LN4E PNTIHYC02L3BE MNJ=BE HTHL<I(OBE AGI6HB
”
IJAY2T5E-TA3LbGRLAL2TAThJ=BE.CPL5
.
Though it is recited in the opening part of the provision that
Nativity Certificate is issued for certifying that the person
belongs to the State of Kerala by birth, it is clarified in the
latter part that the same can be issued even to persons who
are born outside the State, provided their parents or one
among them are born in the State. Of course, it is clarified in

6. W.P.(C) No.12172 of 2021 ..6..
the provision that if one among the parents is not born in the
State, Nativity Certificate would be issued only if they have
been residing in the State after their marriage. It is, therefore,
evident that Nativity Certificate is issued to ascertain whether
the person belongs to the State of Kerala. If the certificate is
intended for the said purpose, according to me, the place of
birth of the person and the place of birth of his/her parents
cannot be the sole criterion to decide the eligibility. If the place
of birth is accepted as the sole criterion to decide the
eligibility, a person who is brought up in the State and whose
ancestors belong to the State would not be entitled to Nativity
Certificate, if he and his parents happened to be born outside
the State. On the other hand, if the place of birth is accepted
as the sole criterion to decide the eligibility, even a person who
happened to be born in the State by the mere circumstances
that his parents happened to be in the State while giving birth
to him, would be entitled to Nativity Certificate, although his
ancestors may not be having any connection whatsoever with
the State. What shall then be the criterion for issuing Nativity

7. W.P.(C) No.12172 of 2021 ..7..
Certificate? According to me, in the matter of ascertaining the
question as to whether a person belongs to the State of Kerala,
what is relevant is the social belongingness of the person. As
far as persons who are born in the State and whose ancestors
belong to the State are concerned, there may not be any
difficulty in ascertaining their social belongingness. But, as far
as persons whose ancestors do not belong to the State and
who are not born in the State are concerned, according to me,
social belongingness is to be ascertained by considering the
question whether he/she has been socially adapted to the
prevailing system of norms and values in the State. If a person
is socially adapted to the prevailing system of norms and
values in the State, I am of the view that he/she shall be
considered as a person belonging to the State. I take this view
also for the reason that one cannot be treated as belonging to
a place when he is not socially adapted to the society in that
place, merely for the reason that he or his parents are born in
that place. I am fortified in this view by the decision of the High
Court of Madras in M.Goutham v. Secretary/Addl. DME

8. W.P.(C) No.12172 of 2021 ..8..
Selection Committee, Directorate of Medical Education
and Others, 2018 SCC Online Madras 5429. In that case, the
question considered was whether a person who is born in the
State of Tamil Nadu, but brought up and educated in the State
of Kerala, can be treated as a native of the State of Tamil Nadu.
It was held in that case that the Nativity Certificate, at no
stretch of imagination, can be based on the place of birth, and
the criterion for issuing Nativity Certificate shall be the place
where the person concerned has been brought up and
educated.
7.Reverting to the facts, Ext.P1 driving licence of
the father of the petitioner indicates that he has been residing
permanently in the State at least from 14.12.1994. The
petitioner is born long thereafter. The petitioner has produced
documents sufficient to hold that she has been brought up and
educated all throughout in the State of Kerala. In other words,
though the ancestors of the petitioner do not belong to the
State and the petitioner is born outside the State, the materials

9. W.P.(C) No.12172 of 2021 ..9..
indicate that she is a person who is socially adapted to the
prevailing system of norms and values in the State of Kerala.
Such persons, according to me, are to be treated as belonging
to the State of Kerala. Needless to say, they are entitled to
Nativity Certificate for claiming educational and other benefits
available to the natives of the State.
In the result, the writ petition is allowed, Ext.P14
communication is set aside and the third respondent is
directed to issue Nativity Certificate to the petitioner forthwith.

Sd/-
P.B.SURESH KUMAR
JUDGE
ds 21.07.2021

10. W.P.(C) No.12172 of 2021 ..10..
APPENDIX OF WP(C) 12172/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DRIVING LICENSE
ISSUED IN THE NAME OF THE FATHER OF
THE PETITIONER ORIGINALLY ISSUED ON
14.12.94
Exhibit P2 A TRUE COPY OF THE SECONDARY SCHOOL
LEAVING CERTIFICATE ISSUED BY THE
GOVERNMENT OF KERALA, GENERAL
EDUCATION DEPARTMENT, DATED 15.7.13
Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED
BY THE BOARD OF HIGHER SECONDARY
EXAMINATION THIRUVANANTHAPURAM
Exhibit P4 A TRUE COPY OF THE RATION CARD ISSUED
IN THE NAME OF RANI DINAKARAN MOTHER
OF THE PETITIONER ISSUED DATED 15.3.17
Exhibit P5 A TRUE COPY OF THE UNIQUE
IDENTIFICATION AUTHORITY OF INDIA CARD
ISSUED TO THE PETITIONER DATED NIL
Exhibit P6 A TRUE COPY OF THE CERTIFICATE OF
MERIT SCHOLARSHIP EXAMINATION 2003-04
ISSUED BY THE CURRICULAM MANAGEMENT
COUNCIL ISSUED DATED 4.12.03.
Exhibit P7 A TRUE COPY OF THE PCM SCHOLARSHIP
EXAMINATION CERTIFICATE OF MERIT
ISSUED DATED 4.12.02
Exhibit P8 A TRUE COPY OF THE CERTIFICATE OF
MERIT ISSUED BY THE GANDHI PEACE
FOUNDATION ISSUED DATED 1.3.09

11. W.P.(C) No.12172 of 2021 ..11..
Exhibit P9 A TRUE COPY OF THE PARTICIPATION
CERTIFICATE ISSUED BY THE SARVODAYA
AWARD SCHOLARSHIP SCHEME ISSUED DATED
28.2.06
Exhibit P10 A TRUE COPY OF THE CERTIFICATE OF
MERITS ISSUED FOR THE ALUVA SUB
DISTRICT SCHOOL GAMES AND ATHLETES
CHAMPIONSHIP 2009-10 ISSUED DATED
25.11.09
Exhibit P11 A TRUE COPY OF THE PCM SCHOLARSHIP
EXAMINATION 2003-04 ISSUED DATED
3.2.04
Exhibit P12 A TRUE COPY OF THE PCM SCHOLARSHIP
EXAMINATION 2002-03 ISSUED DATED
3.2.03
Exhibit P13 A TRUE COPY OF THE EXAMINATION RESULTS
ISSUED BY THE KERALA UNIVERSITY OF
HEALTH SCIENCES, THRISSUR DATED
15.2.21
Exhibit P14 A TRUE COPY OF THE COMMUNICATION OF
THE THIRD RESPONDENT DATED 7.6.21