IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 25187 of 2011(W) -------------------------- PETITIONER(S): ---------------------- 1. FAIZAL.C., S/O.ABOOBACKER, AGED 31 YEARS, CHULLIKKAL HOUSE, KALADY AMSOM, NARIPARAMBU.P.O., MALAPPURAM DISTRICT. (OWNER OF KL-24/4775 & KL-9/N 1858). 2. SAINUDHEEN.T.V., S/O.MUHAMMED, AGED 45, THEKKEVALAPPIL HOUSE, EZHUVATHIRUTHY.P.O, PONNANI VIA, MALAPPURAM DISTRICT. (OWNER OF KL-12/C-5038). 3. BASHEER.C., S/O.KHADER, AGED 33, CHELAKKATHODIYIL HOUSE, EASWARAMANGALAM.P.O., PONNANI VIA, MALAPPURAM DISTRICT. (OWNER OF KL-07/239). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ------------------------- 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, POST AND SHIPPING, PONNANI HABOUR, PONNANI.P.O., MALAPPURAM DISTRICT.679 583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI.P.O., MALAPPURAM DISTRICT.679 583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1. 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-1. R2 BY ADV. SRI.MOHAMMED IQBAL, SC R3 & 4 BY SENIOR GOVERNMENT PLADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25187 of 2011(W) ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE PORT SAND PERMIT ISSUED BY THE 1ST RESPONDENT DATED 8.6.11. EXT.P2. COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 8.6.11. EXT.P3. COPY OF THE GO DATED 11.11.10 ISSUED BY THE REVENUE DEPT IN NO.58289/P3/2010/REVENUE EXT.P4. COPY OF THE SEIZURE MAHASAR DATED 4.8.11 ISSUED BY THE POLICE. EXT.P5. COPY F THE JUDGMENT IN WPC NO.30683/10 DTED 8.8.11 OF THE DIVISION BENCH. EXT.P6. COPY OF THE JUDGMENT IN WPC NO.22273/11 DATED 23.8.11 OF THE DIVISION BENCH. RESPNDENT'S EXHIBITS : NIL ----------------------------------- / TRUE COPY / P.A. T JUDGE VK ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 25187 OF 2011 ----------------------------------------------------- Dated this the 23rd day of September, 2011 J U D G M E N T The main prayer sought in this writ petition reads as follows:- “Issue a writ of mandamus directing respondents 1 and 2 to delete the condition imposed in the port sand pass/ permit restricting the transportation of the port sand only in Malappuram district (“valid only Malappuram district”) and direct them to issue permit to the areas outside Malappuram District.” 2. Learned Standing Counsel appearing for the second respondent Municipality submits that, in the writ petition resulting in Ext.P5 judgment, there was a direction issued by this Court to the effect that the sand from the Ponnani Port should be transported only within the Malappuram District and that it was therefore that such a condition was insisted. It is stated that when the writ W.P.(C) No. 25187 OF 2011 : 2 : petition was disposed of by Ext.P5 judgment, such a condition has not been retained. On this ground, the Municipality submits that it is now free to issue passes enabling transportation of the sand from the Ponnani Port to places outside Malappuram District. 3. Now that such a submission has been made on behalf of the second respondent, which is the authority to issue the transportation passes, it is not necessary for this Court to examine the contentions raised by the petitioners on merits. In that view of the matter, this writ petition is disposed of leaving it open to the second respondent to issue pass permitting transportation of the sand in question to places outside Malappuram Distrct. ANTONY DOMINIC, JUDGE ul/-