Temporary migration for education does not affect nativity status, and the cancellation of certificates must be supported by valid materials.

K.K. Sasidharan, J.

Introductory:-

The Regional Executive Officer cum Additional District Magistrate, Yanam, cancelled the nativity certificate of the petitioner notwithstanding the voluminous documents produced by him, including the nativity certificates issued earlier, primarily on the ground that his name was included in the ration card relating to his residential house at East Godavari District, Andhra Pradesh. The Deputy Tahsildar, Revenue, Yanam, rejected the application filed by the petitioner to issue community certificate on the ground that he is not a permanent resident of Yanam, as on 19 February 2001. Feeling aggrieved by the adverse orders passed by the Additional District Magistrate and the Deputy Tahsildar, (Revenue), Yanam, the petitioner is before this Court.

Brief facts:-

2. The petitioner is the son of Mrs. K. Bhavani, a native of Yanam and Thiru. K. Venkateswara Rao, belonging to Nangavaram Village of East Godavari District, Andhra Pradesh. Their marriage took place in the year 1991. The petitioner was born on 18 May 1992 at Yanam. His birth was registered before the Registrar of Birth, Yanam Municipality. Thereafter, his brother K.Satish was born on 31 January 1996. The birth of K. Satish was also registered before the Registrar of Birth, Yanam Municipality. The petitioner had his early education at Yanam. Subsequently, he joined Narayana Junior college, Hyderabad for his intermediate studies and thereafter, pursued engineering course in Siddartha Engineering College. The petitioner completed his B.Tech course in the year 2013. The name of the petitioner was entered in the ration card at Yanam. The revenue authorities have issued him nativity certificate on multiple occasions besides community certificate.

3. The name of the petitioner was shortlisted for appointment to the post of police constable. The petitioner, therefore, made an application for a fresh nativity and community certificate. The Deputy Tahsildar (Revenue), on receipt of application, entertained doubt with regard to the nativity and community status of the petitioner. The matter was referred to the Regional Executive Officer cum Additional District Magistrate, Yanam. The Additional District Magistrate notwithstanding the documents produced by the petitioner, cancelled the nativity certificate, holding that the petitioner was a native of Andhra Pradesh. The Deputy Tahsildar on his part declined to issue community certificate on the ground that the petitioner was not a native of Puducherry as on 19 February 2001. Challenging the adverse orders, the petitioner has come up with these Writ Petitions.

Rival submissions :-

4. The learned counsel for the petitioner contended that the petitioner has been residing at Yanam right from his birth. His family was given all the benefits by the Government of Puducherry. The father of the petitioner was a Dhobi by profession and he continued to do the said job by migrating from Andhra Pradesh to Yanam. According to the learned counsel, only for a brief period, and that too for education, the petitioner was out of Yanam. However, his intention was to settle down only at Yanam. According to the learned counsel, the temporary residence for the purpose of education at Hyderabad would not amount to relocation in the State of Andhra Pradesh. The learned counsel placed reliance on a string of documents produced by the petitioner to prove his community and social status.

5. The learned Additional Government Pleader (Puducherry) contended that the name of the petitioner was included in the family ration card maintained at the residence of his father at East Godavari District. According to the learned Additional Government Pleader, the petitioner created documents to make it appear as if he is a native of Yanam. The enquiry conducted by the revenue authorities proved that the petitioner has been residing in the S