IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 26711 of 2011(L) -------------------------- PETITIONER(S): ----------------------- 1. RIYAS.P.P, S/O. MOHAMMEDKUTTY, PUTHUPARAMBIL HOUSE, PONNANI SOUTH.P.O, (RC OWNER OF KL 54B, 7708 GOODS CARRIAGE 2. MOHAMMED SAHEER.C, S/O.SIDDIK, CHEMATAKATH HOUSE, OLD FISH MARKET, P.O. PONNANI NAGARAM, R.C OWNER OF KL30, 1870 GOODS CARRIAGE. 3. MAMU, S/O. ABU, M/383, KARUTHAKUNHALINTE HOUSE, P.O. PONNANI R.C OWNER OF KL 45A 1362 GOODS CARRIAGE 4. ANEESH, S/O. APPUNNI, KOCHILAVALAPPIL HOUSE, P.O. KADAVANAD, PONNANI, R.C OWNER OF GOODS CARRIAGE KL 07 D 9135 5. MOIDU SAHU, S/O. SAHU THEKKOOTT HOUSE, P.O. PALAPPETTY, VELIANCODE, R.C OWNER OF KL 09 P 9573 GOODS CARRIAGE. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------ 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI.P.O, MALAPPURAM - 679 583 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI.P.O, MALAPPURAM - 679 583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. WPC NO.26711/11 -2- 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -1. GOVT.PLEADER SRI.MOHAMMED SHAH SRI.MOHAMMED IQBAL, SC FOR MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26711/11 APPENDIX PETITIONERS' EXHIBITS EXHIBIT-P1A- TRUE COPY OF THE REGISTRATION CERTIFICATE EXHIBIT-P1B- TRUE COPY OF THE REGISTRATION CERTIFICATE EXHIBIT-P1C- TRUE COPY OF THE REGISTRATION CERTIFICATE EXHIBIT-P1D- TRUE COPY OF THE REGISTRATION CERTIFICATE EXHIBIT-P1E- TRUE COPY OF THE REGISTRATION CERTIFICATE EXHIBIT-P2- TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE FIRST RESPONDENT. EXHIBIT-P3- TRUE COPY OF THE CASH BILL FOR THE PORT AND PERMIT ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P4- TRUE COPY OF THE G.O DATED 11/11/2010 ISSUED BY THE 4TH RESPONDENT IN NO. 58289/P3/2010 EXHIBIT-P5- TRUE COPY OF THE JUDGMNENT IN W.P(C)30683/2010 DATED 08/08/2011 OF THE DIVISION BENCH OF THIS HON0URABLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 26711 OF 2011 ===================== Dated this the 18th day of October, 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 WPC No. 26711/11 :2 : raised by the petitioners on merits. 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. 4. 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. The writ petition is disposed of accordingly. ANTONY DOMINIC, JUDGE Rp