STATE OF TAMIL NADU Vs. K NAVAMANI

JUDGEMENT

(1.) THE plaintiff filed a suit before the District Munsif Erode, for a declaration and injunction.

(2.) THE case of the plaintiff is that the plaintiff belongs to Kattu Naicken community, which is a scheduled tribe. THE Revenue authorities. Erode, after enquiry issued a certificate to that effect. THE plaintiff finished his school education at Erode and joined Chickia Naicker College, where he finished his graduation. Throughout, the plaintiff has been residing only in Erode and has disclosed Erode as the place of his permanent residence. When the plaintiff applied for permanent certificate, the plaintiff was directed to approach the revenue authorities in Madurai District viz., Periakulam Taluks, and obtain the same. THErefore, the suit is filed by the plaintiff for a declaration that he belongs to Hindu Kattu Naicken Community and that for a mandatory injunction, requiring the respondents to issue permanent certificate without requiring the plaintiff to approach the revenue authorities in Periakulam Taluk.

(3.) THE Apex Court has held in the decision reported in Union of India v. Dudh Nath Prasad, AIR 2000 SC 525, while defining the concept of Domicile, have observed as follows:- It becomes clear that a person, before he can be said to be ordinarily residing at a particular place, has to have an intention to stay at that place for a considerably long time. It would not include a flying visit on a short or casual presence at that place. Since the parents of the respondent were admittedly residing in District Howrah for more than 30 years, they would be treated to be ordinarily residing in that District and the mere fact that they held some property in village in District Siwan in the State of Bihar would not affect their status. In determining the question of ordinarily residence of a person the concept of domicile as understood in private international law cannot be impartial. Etymologically, residence and domicile carry the same meaning, inasmuch as both refer to the permanent home but under Private International Law, domicile carries a little different cone and exhibits many facets. Inspite of having a permanent home, a person may have a commercial, a political or forensic domicile. Domicile may also take many colours.