The issuance of a nativity certificate may not be denied solely based on birth abroad if the parents are natives of the state and have maintained their domicile.

O R D E R

The writ petition is filed challenging the order passed by the 2nd respondent rejecting the application of the petitioner seeking issuance of Nativity Certificate on the ground that she was born and brought up at Abu Dhabi, a Middle East Country.

2. It is the case of the petitioner that her father Palanivel Ramaswamy is an Indian Citizen holding Indian passport bearing No. N5938096. The petitioner's mother Santhi Palanivel is also an Indian citizen holding Indian Passport bearing No.V7771097. It is also stated that the names of the petitioner's parents are reflected in the family card issued by the Government of Tamil Nadu in the name of their grand parents. The petitioner's parents got married on 09.09.2000 and by virtue of their employment, they got shifted to Abu Dhabi in the year 2005 and that date onwards they had been residing at Abu Dhabi till date. The petitioner was born at Abu Dhabi on 12.07.2008 and her birth was entered in the Indian Embassy at Abu Dhabi on 29.10.2019. The petitioner is a holder of Indian Passport bearing Passport No.V2873961. The copy of the Aadhar card issued to the petitioner is also produced in the typed set of papers. The petitioner is pursuing her 11^th class in a school at Abu Dhabi and she intends to undertake National Eligibility cum Entrance Test, UG 2026. In order to seek admission under Government quota in the State of Tamil Nadu, the petitioner has been required to produce a nativity certificate. Hence, the petitioner applied for issue of nativity certificate and the same has been rejected by the respondent by the impugned order. Aggrieved by the same, the petitioner has come before this Court.

3. The learned counsel for the petitioner submits that both the parents of the petitioner are natives of Tamil Nadu and they were born in Tamil Nadu. Though they are permanent residents of Tamil Nadu, by virtue of their employment, temporarily they got shifted to Abu Dhabi and during their stay at Abu Dhabi, the petitioner was born. Merely because the parents of the petitioner got shifted to Abu Dhabi temporarily in connection with their employment, the petitioner's nativity will not get changed. Therefore, the impugned order passed by the 2^nd respondent rejecting the request of the petitioner for issue of nativity certificate is erroneous. In support of his contentions, the learned counsel for the petitioner relied on the judgment of this Court in the case of Varsha Parappa Totagi Vs The District Collector, Chennai District in W.P.No.15393 of 2020 . He also relied on the judgment passed in the case of Shwetha Shuresh Vs The Tahsildar, Velachery in W.P.No.23836 of 2022 .

4. The learned Government Advocate for the respondents 1 and 2, by taking this Court to the counter affidavit filed by the 2^nd respondent, submitted that petitioner was not born in Tamil Nadu and she was born in Abu Dhabi and she has not produced any document to show either petitioner or her parents continuously resided at Tamil Nadu for a period of five years. The learned Government Advocate also relied on G.O.Ms.No.2388, Revenue Department dated 27.11.1990 and submitted that as per the guidelines issued in the G.O cited above, the 2^nd respondent correctly rejected the request for issuance of nativity certificate.

5. The issue involved in this writ petition regarding the issuance of nativity certificate to the children born in foreign country to a parents who are natives of Tamil Nadu and temporarily residing in foreign country due to their employment was considered by this Court in the above mentioned decisions.

6. The relevant observations of this Court in the above mentioned Varsha Parappa Totagi case reads as follows:- 11. When the petitioner has satisfied the other criteria, the