IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 30891 of 2011(J) -------------------------- PETITIONER(S): ------------------------ 1. SASI.P.S., S/O.SUBRAHMONIAN, AGED 40, NARERI HOUSE, VATTAKULAM P.O., EDAPPAL VIA., MALAPPURAM DT.(RC OWNER OF KL-8/K-2871). 2. SURENDRAN T., S/O.SANKARAN, AGED 46, THANDALAYILL HOUSE, ALAMCODE P.O., MALAPPURAM DT.(RC OWNER OF KL-13/M-4899). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI P.O., MALAPPURAM DT., 679 583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PNNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM DT.679583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. GOVT.PLEADER SRI.MOHAMMED SHAH SRI.C.M.MOHAMMED IQUBAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30891/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE RC O THE VEHICLE BEARING REG.NO.KL-8/K 2871. EXT.P1A: TRUE COPY OF THE RC OF THE VEHICLE BEARING REGN.NO.KL- 13/M 4899. EXT.P2: TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE 1ST RESPONDENT DATED 27.9.11. EXT.P3: TRUE COPY OF THE CASH BILL FOR THE PORT SAND PERMIT DATED 27.9.11. EXT.P4: TRUE COPY OF THE GO DT 11.11.2010 ISSUED BY THE REVENUE DEPT. IN NO.58289/P3/2010/REVENUE. EXT.P5: TRUE COPY OF THE JUDGMENT IN WPC NO.25187/11 DT 23.9.11 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30891 OF 2011 ===================== Dated this the 19th day of November, 2011 J U D G M E N T The grievance of the petitioners is regarding the restriction imposed by the Ponnani Municipality and the Port Conservator of the Ponnani Port, restricting transportation of sand from Ponnani Port only within the Malappuram District. 2. Earlier, identically placed petitioners had approached this Court by filing WP(C) Nos.23810 & 23818 of 2011. These writ petitions were disposed of by judgment dated 20th September, 2011. In that judgment, it was held thus:- “Learned Standing Counsel appearing for the second respondent Municipality submits that, in the writ petition resulting in Ext.P7 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 petition was disposed of by Ext.P7 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. 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. WPC No. 30891/11 :2 : In that view of the matter, these writ petitions are disposed of leaving it open to the second respondent to issue passes permitting transportation of the sand in question to places outside Malappuram District.” 3. Following the said judgment WP(C) No.25659/11 was filed, which was also disposed of by judgment dated 3rd October, 2011. Thus the issue raised in the writ petition is fully covered by the aforesaid judgments. In that view of the matter, this writ petition is also disposed of directing that the 2nd respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge