IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 17965 of 2011(U) -------------------------- PETITIONER ----------------- V. PRAJITH, AGED 31 YEARS, S/O. LATE V. KORUKUTTY, THEJAS, THAMARAKUZHY, MALAPPURAM. BY ADVS. SRI.ESM.KABEER SRI.ABDUL MAJEED.N RESPONDENT(S): ------------------------ 1. THE COMMISSIONER, CUSTOMS PREVENTIVE DIVISION, COCHIN COMMISSIONERATE, COCHIN. 2. THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, COCHIN-682018. R1, 2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17965 of 2011(U) --------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS DATED 15.03.07. EXT.P2. COPY OF THE COMMUNITY CERTIFICATE DATED 26.4.02 ISSUED BY THE VILLAGE OFFICER, MALAPPURAM. EXT.P3. COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHSILDAR, ERNAD TALUK DATED 04.11.08. EXT.P4. COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER THE DYING-IN-HARNESS SCHEME BEFORE THE 1ST RESPONDENT ON 12.05.07. EXT.P5. COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 11.12.09. EXT.P6. COPY OF THE APPLICATION SUBMITED BY THE PETITIONER'S MOTHER BEFORE THE 1ST RESPONDENT. EXT.P7. COPY OF THE CONSENT LETTER SUBMITTED BY THE PETITIOER'S SISTER BEFORE THE 1ST RESPONDENT DATED 26.3.07. EXT.P8. COPY OF THE CERTIFICATE IN DIPLOMA IN ELECTRONICS AND CMMUNICATION ENGINEERING ISSUED BY THE BOARD OF TECHNICAL EDUCATION, BANGALORE. EXT.P9. COPY OF THE CERTIFICATE IN POST GRADUATE DIPLOMA IN COMPUTER APPLICATION (PGDCA). EXT.P10. COPY OF THE REPLY WAS SENT BY THE HON'BLE MINISTER DATED 18.12.09. EXT.P11. COPY OF THE LETTER DATED 28.4.10 ISSUED BY THE 2ND RESPONDENT. EXT.P12. COPY of the REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 17.09.2010. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE CPY / P.A. TO JUDGE VK K. SURENDRA MOHAN, J. ------------------------------------------------- W.P(C) NO:17965 of 2011 ------------------------------------------------- Dated this the 29th September, 2011. JUDGMENT A statement has been filed on behalf of the Assistant Solicitor General pointing out that as per Section 28 of the Central Administrative Tribunal's Act, this writ petition is not maintainable and that the same has to be filed before the Central Administrative Tribunal. Without prejudice to the rights of the petitioner to pursue his remedies before the Central Administrative Tribunal, this writ petition is dismissed. Sd/-K. SURENDRA MOHAN Judge css/ /true copy/ p.s.to judge 2