IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 30259 of 2010(F) -------------------------- PETITIONER(S): --------------- MOHANDASAN, AGED 49 YEARS, S/O.GANDIDASAN, ASARI VEETTIL, VATTAVADA VILLAGE, KOVILOOR P.O., DAVIKULAM TALUK, IDUKKI DISTRICT PIN-685611. BY ADV. SRI.B.V.JOY SANKER SRI.JACOB CHACKO RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, IDUKKI-685613. 2. THE TAHSILDAR, DEVIKULAM, IDUKKI DIST. PIN-685613. 3. THE RETURNING OFFICER (SUB REGISTRAR OFFICER, DEVIKULAM), VATTAVADA GRAMA PANCHAYATH, VATTAVADA, IDUKKI DISTRICT-685611. 4. VATTAVADA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VATTAVADA, IDUKKI DISTRICT-685611. 5. THE KERALA STATE ELECTION COMMISSION REPRESENTED BY THE STATE ELECTION COMMISSIONER, CORPORATION OFFICE COMPLEX, L.M.S.JUNCTION, THIRUVANANTHAPURAM-695033. BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.30259 of 2010 ------------------------------- Dated this the 1st day of October, 2010 J U D G M E N T The petitioner who claims to be a member of a scheduled caste community has filed this writ petition seeking the following reliefs:- i) Call for the records leading to the issuance of Ext.P6 and issue a writ of mandamus directing the 2nd respondent to issue Caste Certificate to the petitioner forthwith. ii) A writ of mandamus or writ order or direction directing the 3rd respondent to accept the nomination along with the declaration without insisting for Caste Certificate. 2. The first relief is sought on the ground that the second respondent had issued a caste certificate to the effect that the petitioner belongs to a scheduled caste community on 7.9.2005. The petitioner submits that the said certificate was produced at the time of submission of nominations for elections to the local bodies held in the year 2005 and as a certificate had already been issued to him by the second respondent, there is no reason why the second respondent cannot issue a fresh certificate so that the petitioner can contest in the ensuing elections. The State Election Commission has notified the schedule of elections, as per which, the last date for filing of W.P.(C) No.30259 of 2010 2 nominations is 4.10.2010. Therefore, even if this Court were to direct the second respondent to consider the petitioner's application for a caste certificate, no decision can be taken on the said application, for the reason that 2.10.2010 and 3.10.2010 are public holidays. Therefore, no useful purpose will be served by entertaining this writ petition or by directing the second respondent to pass orders on the petitioner's application for a caste certificate. 3. As regards the second relief, viz., a direction to the third respondent to accept the nomination along with the declaration without insisting on the caste certificate, the petitioner cannot, in view of the stipulation contained in section 52(2) of the Kerala Panchayat Raj Act, 1994 seek or be granted such relief. Sub-section (2) of section 52 stipulates that in a constituency where the seat is reserved for a scheduled caste or scheduled tribe candidates, a candidate shall not be deemed to be qualified to be chosen to fill that seat unless a community certificate specifying the particular caste or tribe of which he is a member issued by the competent officer is produced along with his nomination and his nomination paper contains a declaration in respect of his caste. In such circumstances, the second relief prayed for by the petitioner cannot be granted. W.P.(C) No.30259 of 2010 3 I, accordingly, find no ground to entertain the writ petition. The writ petition fails and is dismissed. P.N.RAVINDRAN, Judge. nj.