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ANITA SUMANTH
R. Jaianuram – Appellant
Versus
Union of India – Respondent
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Ceriorarified Mandamus calling for the records on the file of the 2nd respondent in connection with the proceedings No.6067/DC (R)N/A2/CV/2022/2797 Dt, 20.10.2023 confirming the Order of the 3rd respondents in his proceedings No.1425/TOP/Certification/2023, Dated 25-07.2023, and quash the same as illegal and direct the 2nd and 3rd respondents to issue the Residence/Nativity Certificate in favour of the petitioner as may deem fit and proper in the circumstances of the case.
The petitioner was born on 01.05.2005 at Jipmer Hospital, Puducherry. He claims that his father is a native of Puducherry and that his family has been living for seven generations in Puducherry in the same family house. According to him, his father had moved temporarily to Chennai and later to Kolappakkam in Kanchipuram District, all in the pursuit of better employment prospects. He had studied from the 1st to 12th standards in Societe Progressiste High School, Pondicherry. He now aspires for a medical seat and hopes to secure the same in Puducherry.
2. All statutory documents, such as Voter ID, Aadhar and R
A person born in Puducherry can claim Nativity Certificate even if not residing in Puducherry continuously for a period of five years, if they can establish their intention to return to Puducherry.
The court established that nativity claims can be supported by familial ties and residency, overriding birthplace considerations when guidelines are met.
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