ORDER

This writ petition has been filed challenging the order dated

05.07.2021 passed by the respondent rejecting the petitioner's application seeking for nativity certificate in her name on the ground that the applicant's place of birth is Bahrain.

2. The case of the petitioner is that even though she was born in Bahrain when her parents were employed there, her permanent place of residence is only at Chennai, Tamil Nadu. According to the petitioner, her parents were also permanent residents of Chennai and therefore, as per G.O.Ms.No.238 dated 27.11.1990, the petitioner is entitled to obtain a nativity certificate in her favour.

3. A counter affidavit has been filed by the respondent reiterating the reasons for rejection of the petitioner's application seeking for nativity certificate. According to them, since the birth place of the petitioner was Bahrain and proof for details of the petitioner's education was also not produced, the respondent has rightly rejected the petitioner's application seeking for nativity certificate.

4. Heard Mr.S.Vijayakumar, learned counsel for the petitioner and Mr.K.H.Ravikumar, learned Government Advocate appearing for the respondent.

5. The learned counsel for the petitioner drew the attention of this Court to G.O.Ms.No.2388 dated 27.11.1990 and would submit that even though the petitioner was born in Bahrain, she is a permanent resident of Chennai. Further he would submit that her parents are also permanently residing in Chennai only. According to him, only for the purpose of employment, the petitioner's parents were in Bahrain, when the petitioner was born and therefore according to him, as per G.O.Ms.No.2388 dated

27.11.1990, the petitioner is entitled for nativity certificate in her favour.

6. Per contra, learned Government Advocate appearing for the respondent would reiterate the contents of the counter affidavit filed by the respondent and would submit that the petitioner having been born in Bahrain, is not entitled for nativity certificate and further she has also not produced the proof regarding her educational details and that is the reason for rejection of her application seeking for nativity certificate.

Discussion:

7. It is pertinent to note that the Government passed G.O.Ms.No.2388, Revenue Department, dated 27.11.1990, framing the following guidelines for issuance of Nativity Certificates :

"i) The parents/guardians of the applicant/students or the applicants themselves should have permanently resided continuously for period of five years in Tami Nadu.

ii) Permanently residing for a period of five years should be supported by documentary evidence.

iii) The family ration card, Electoral Roll, Census list, if taken recently, documents like sale deed, tax receipt etc. relating to the property owned by either of the parents or by the applicant may be verified.

iv) The Transfer Certificate issued by the School authorities where the applicant had studied last may be verified to know whether he was in the state for five years.

v) Enquiry in the Village/place of residence of the neighbours/Village Administrative Officers regarding continuous residing.

vi) To ensure that wrong or incorrect address had not been furnished to obtain the certificates.

vii) The birth place of the parent, place of residence of the parent/father, permanent asset, mother tongue, place of education, place of marriage of the applicant/parents, the period of stay in and outside Tamilnadu can also be considered before issuing certificate."

8. As seen from the aforementioned guidelines, either the applicant or her parents/guardians should have permanently resided continuously for a period of five years in Tamil Nadu. In the case on hand, the petitioner is an Indian Citizen, eventhough, she was born in Bahrain. Further in all Gulf Countries, including Bahrain, the question of getting citizenship of that nationality by birth is not possible. The petitioner was born in Bahrain when her parents were employed there. Her parents are also Indi