A person remains native to their place of origin despite residing elsewhere, enabling them to claim nativity based on ancestral ties and ownership.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders of rejection dated 01.07.2022 passed by the second respondent in rejecting the application of the petitioner to issue Nativity Certificate vide Rev-102 Appln. No.TN-3202207012264 and Community Certificate vide Rev-101 Application No.TN-5202207014133 and to quash the same and consequently direct the second respondent to issue Nativity and Community Certificates in favour of the petitioner, certifying that the petitioner is the native of Kuchi Kolathur Village, Tindivanam Taluk, Villupuram District and belongs to Backward Class Community.)

T. Raja , J.

1. The petitioner herein, Mr.S.Sridhar, aged about 25 years, S/o.R.Sivakumar, who is a native of Kuchi Koluthur Village, Tindivanam Taluk, Villupuram District, has challenged the impugned orders of rejection dated 01.07.2022 passed by the second respondent herein in the present Writ Petition.

2. Heard the learned counsel for the petitioner and learned Additional Government Pleader for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner's father was born on 15.06.1969 at Kuchi Koluthur Village, Tindivanam Taluk, Villupuram District, which is native and and studied upto IX Std., at Government High School, Olakkur, erstwhile South Arcot District now Villupuram District and his mother Mrs.S.Vijayrani was born on 05.07.1973 at Thiruvakkarai Village, in the erstwhile South Arcot District now being Villupuram District. He further stated that the Kuchi Koluthur Village is the ancestral village of the petitioner's forefathers and his grand father K.Ramu Mudaliar, S/o.Kandasamy Mudaliar was having large extent of lands in the said Village comprised in New Survey No.139/8, Old Survey No.53/10, New Survey No.140/12, Old Survey No.53/8, New Survey No.140/9 etc., at Kuchi Koluthur Village and they were settled in favour of the petitioner's father by way of a Settlement Deed dated 15.02.2011 registered as Doc.No.684/2011 at S.R.O. Avaraipakkam, Tindivanam Taluk, Villupuram District. It is also stated by the learned counsel that his father is in possession and enjoyment of the said lands and the revenue records are already mutated in his father's name viz., R.Sivakumar. Since the petitioner's father is a Tailor by profession, in the year 2014 the family moved from Kuchi Koluthur village, Tindivanam Taluk, Villupuram District to Puducherry and the petitioner studied there in V Std., at Government Primary School at Indira Nagar, Puducherry and from VI Std to X Std., at Government Higher Secondary School, Indira Nagar, Puducherry, affiliated to the Department of Government Examinations, Government of Tamil Nadu, Chennai and completed his SSLC in April 2012 and Higher Secondary Course (+2) in March 2014 at Achariya Siksha Mandir at Puducherry. He pursued his higher studies in M.B.B.S. Course in General Quota at Sri Venkateshwaraa Medical College Hospital and Research Centre, Ariyur, Puducherry and completed the same on 18.10.2021 and registered his name with the Tamil Nadu Medical Council vide Registration No.161453 dated 29.11.2021. The petitioner was issued with the Community Certificate on 07.05.2014 as he belongs to Hindu Sengunthar Community which is classified as Backward Class Community by the Government of Tamil Nadu and also issued with the Nativity Certificate on 09.05.2014 by the Zonal Deputy Tahsildar, Tindivanam Taluk. The Deputy Tahsildar-cum-Executive Magistrate, Taluk Office, Oulgaret Taluk, Puducherry, issued an migrant OBC Certificate (not eligible for OBC reservation) in his name based on the nativity certificate issued to him.

4. Continuing his argument, the learned counsel for the petitioner submitted that the petitioner has applied for NEET-PG- 2022 conducted b