Vincy Dinakaran v. State of Kerala & Others

## **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:** 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. 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. 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 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. ന�റ�വ�റ� സർട�ഫ�കറ�-(1) ഒര�ൾ ജന� ക��ണ� ന�രള�യ��ക�ന� സ�ക�ക�ടതനത���ത�. തന"ശ സ$യ�ഭര� സ�പ�ങള�ൽ ��ന� ലഭ�കന ജ�� സർട�ഫ�കറ� ന�റ�വ�റ� സർട�ഫ�കറ�ന പ�രമ�യ� ഉപനയ�ഗ�ക�കമനത���ൽ ജ�� സർട�ഫ�കറ� ലഭ�മല�തയ�ള�ൾക മ�തനമ സ�ധ�ര� ഗത�യ�ൽ ന�റ�വ�റ� സർട�ഫ�കറ� . അനവദ�നകണതള ന�രളത�നള�ൽ ജ��ചയ�ള�ൾക മ�തമല ന�റ�വ�റ� . സർട�ഫ�കറ��� അർഹതയളത� ന�രളത��� പറത ജ��ച വ�ക��ൾക� ചവകB . നCർകന ��ബന��ൾക� വ�നധയമ�യ� ന�റ�വ�റ� സർട�ഫ�കറ� അനവദ�ക�വനത��� (i) മ�ത�പ�ത�കൾ രണനപര� ന�രളത�ൽ ജ��ചവളർനവര�ക�ങ�ൽ (ii) മ�ത�പ�ത�കള�കല�ര�ൾ ന�രളത�ൽ ജ��ചവളർനയ�ള� ഒര�ൾ ഇന�യ�കല മകറ�ര സ�സ��ത ജ��ചവളർനയ�ള� ആക�യ� വ�വ�ഹനശഷ� രണനപര�” . ന�രളത�ൽ സ�രത�മസക�ര�യ�ര�ക�യ� കCയ�ൽ 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 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 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** 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 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 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** 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**