IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27346 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------ 1. SHAMSUDHEEN.K.A., S/O.ABDUL MANAF, KARIYADAN HOUSE, MANNALAMKUNNU, PUNNAYOOR, THRISSUR DISTRICT. 2. HASHIB.T, S/O.MUHAMMU, THAZHATH HOUSE, EDAKKAZHIYOOR, CHAVAKKAD, THRISSUR DISTRICT. 3. ANEESH, S/O.VELAYUDHAN, THADATHIL HOUSE, THRIKANAPURAM, THAVANOOR, MALAPPURAM DISTRICT. 4. ARIFA, W/O.HANEEFA, CHERIYAPURAKKAL HOUSE, PUTHUPONNANI, PONNANI P.O., MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR, SMT.SMITHA BABU. RESPONDENT(S): --------------------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT - PIN-679 577. 2. THE PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT - PIN-679 577. 3. THE DISTRICT COLLECTOR, MALAPPURAM, PIN-676 505. R1 BY ADV. SRI. C.M.MOHAMMED IQBAL, SC R3 BY6 GOVERNMENT PLEADER SRI. MUHAMMED SHAFI.M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011 ALONG WITH WPC.NO.27347 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27346/2011 P APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- TRUE COPY OF THE VEHICLE PASS ISSUED FOR THE TRANSPORTATION OF DRUDGED MATERIALS FROM THE PORT, ISSUED BY THE 3RD RESPONDENT DATED 23.9.2011. EXHIBIT P2- TRUE COPY OF THE JUDGEMENT DATED 20.9.2011 IN WP(C) NO.23810/2011 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. ------------------------ W.P.(C).Nos.27346 & 27347 Of 2011 ---------------------- Dated this the 17th day of October, 2011. J U D G M E N T Learned standing counsel takes notice for the Ponnani Municipality and Panchayath. Learned Government Pleader takes notice for respondents 2 & 3 in W.P.(C).No.27346/2011 and respondents 3 & 4 in W.P.(C).No.27347/2011. Common issues are involved in these writ petitions and therefore these writ petitions are disposed of by this common judgment. 2. Writ petitions are filed for a direction commanding respondents 1 to 3 that while issuing permits for the transportation of drudged materials from Ponnani Port, including sand, there shall not be any restriction that it shall be transported only within Malappuam District, to declare that there is no justification in imposing a restriction of transportation of any minor mineral outside the Malappuram District by respondents 1 to 3 and for other incidental reliefs. 3. The learned Standing Counsel appearing for the 1st respondent-Municipality submits that in the judgment dated 8/8/2011 in W.P.(C).No.30683/2010, this Court issued a direction to the effect that sand from Ponnani Port should be ::2:: W.P.(C).No.27346 & 27347 Of 2011 transported only within the Malappuram District and that it was therefore, such a condition was insisted. Learned Standing Counsel further submits that when the said writ petition was disposed of such a condition has not been issued. The Municipality submits that it is now free to issue passes enabling transportation of sand from Ponnani Port to various other places outside Malappuram District. In view of the fact that the Municipality is now issuing passes enabling transportation of sand from Ponnani Port to various other places outside Malappuram District, it is not necessary for this Court to examine the contentions raised by the petitioners on merits. For the aforesaid reasons, these writ petitions are disposed of directing the 1st respondent Municipality/Grama Panchayat to issue permits to the petitioners for the transportation of drudged materials including sand from Ponnani Port to the places outside Malappuam District as well. HARUN-UL-RASHID, Judge. bkn/-