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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Sohan V.M. S/o Ajoy V.M. Villuni Malayil – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. challenging denial of domicile certificate based on birthplace. (Para 1 , 2 , 3) |
| 2. guidance from kerala land revenue manual on domicile regulation. (Para 4 , 6 , 7 , 8) |
| 3. legal concepts of domicile and residence discussed. (Para 9 , 10 , 11 , 12) |
| 4. social belongingness as key factor in residence determination. (Para 13 , 14 , 15) |
JUDGMENT :
BECHU KURIAN THOMAS, J.
1. Petitioner challenges the rejection of his application for issuance of a Domicile Certificate stating that the applicant and his parents were born and brought up in Kolkata. In view of the above rejection, the question that arises for consideration is whether the refusal to issue a Domicile Certificate to a person born outside Kerala is legally justifiable.
2. Petitioner was born on 18.08.2006 at Kolkata. His paternal grandfather belonged to Kozhikode District in Kerala, while his parents were both born and brought up in Kolkata, West Bengal. Petitioner claims that, after his birth, his parents shifted to Kozhikode in the year 2007 and permanently settled in their ancestral house at Naduvannur Village in Kozhikode District. Petitioner has pleaded that he commenced his schooling in the first standard at L
Legal provisions for domicile certificate issuance must consider social belongingness and residence, not just birthplace.
Domicile requires indefinite residence, not continuous, and periods of study outside the state do not negate residency for domicile purposes.
Temporary absences for education do not affect the claim for nativity; intention to return is crucial in determining residency.
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 broug....
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