IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 26953 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------- 1. KHALID.P., S/O.MOHAMMED, PALLITHAZHATH HOUSE, PUTHU PONNANI, PONNANI SOUTH P.O., PONNANI. 2. ABDUL LATHEEF, S/O.ALAVI, PALLITHODI PARAMBIL, FAIZ MANZIL, CHALIYAM POST, KADALUNDI, KOZHIKODE. 3. M.LIJEESH, S/O.GOPALAN, MENAKATH HOUSE, PALLIPPURAM, PONNANI, MALAPPURAM DISTRICT. 4. DEVAN, S/O.PARAMESWARAN, 23/316(4/389) PADARIL HOUSE, THRIKKAVU BUS STOP, PONNANI. BY ADV. SRI.P.K.MOHAMED JAMEEL RESPONDENT(S): ---------------------------- 1. PONNANI MUNICIPALITY REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM DISTRICT - 685 051. 2. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOR PONNANI P.O., MALAPPURAM DISTRICT - 685 051. 3. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-1. 4. STATE OF KERALA REPRESENTED BY ADDITIOAL CHIEF SERCRETARY TO GOVERNMENT, REVENUE (P)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1. R1 BY ADV. SRI. C.M.MOHAMMED IQUBAL,SC R3 & R4 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26953/2011 T APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: THE TRUE COPY OF THE RC OF THE VEHICLE NO.KL-10-H-5391 DATED 16/7/99. EXHIBIT P2: THE TRUE COPOY OF THE RC OF THE VEHICLE KL/11/AB/9811 DATED 7/10/08. EXHIBIT P3: THE TRUE COPY OF THE RC OF THE VEHICLE KL/09/A/5115 DATED 11/1/93. EXHIBIT P4: THE TRUE COPY OF THE RC OF THE VEHICLE KL/7/G/1287 DATED 19/7/94. EXHIBIT P5: THE TRUE COPY OF THE POST SAND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 24/1/2011. EXHIBIT P6: THE TRUE COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 24/1/2011. EXHIBIT P7: THE TRUE COPY OF THE G.O.NO.58289/93/2010/REVENUE DATED 11/11/10 ISSUED BY THE 4TH RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ....................................................... W.P.(C).26953/2011 .............................................. Dated this the 24th day of October, 2011 JUDGMENT The grievance of the petitioner 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 W.P.(C).26953/11 2 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, 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 first 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 mrcs