IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28885 of 2011(I) -------------------------- PETITIONER(S): ----------------------- 1. MUSTHAFA, S/O, MAMU, RESIDING AT MOZHOTTIL HOUSE, AYANKALAM.P.O, KADASSERY, MALAPPURAM - 679 571, R.C OWNER OF KL 07 N 7504 2. HAMSA, S/O. MUHAMMED HAJI, RESIDING AT CHERIYATH HOUSE, P.O. ATHALUR, THVANUR, MALAPPURAM DISTRICT, RC OWNER OF KL 10 Y 6308 3. HAMZA.C, S/O. MOHAMEDALI, RESIDING AT 02/668, CHERIYATHU HOUSE, P.O. ALATHUR, THAVANUR, MALAPPURAM DISTRICT RC OWNER OF KL 54 3548 4. MUHAMMED SHAREEF, S/O. ABOOBACKER, RESIDING AT 3/159, PULPRAYAKATH HOUSE, H.O. BIYYAM, PONNANI, MALAPPURAM DISTRICT, RC OWNER ON KL 11 W 2565 5. K.P. MUHAMMED, S/O. ABDU, RESIDING AT KAIPADAM PARAMBATH, P.O. ALATHOOR, THAVANUR, PONNANI, MALAPPURAM DISTRICT RC OWNER OF KL M 8448 BY ADV. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): ------------------------ 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHOPPING, PONNANI HARBOUR, PONNANI.P.O, MALAPPURAM - 679 583. WPC NO.28885/11 -2- 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI.P.O, MALAPPURAM-679 583 3. DIRECTOR GENERAL OF POLICE, HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001. 4. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. GOVT.PLEADER SRI.MOHAMMD SHAH SRI.MOHAMMD IQBAL SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28885/11 APPENDIX PETITIONERS' EXHIBITS EXHIBIT-P1- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE IST PETITIONER. EXHIBIT-P2- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE 2ND PETITIONER. EXHIBIT-P3- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE 3RD PETITIONER. EXHIBIT-P4- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE 4TH PETITIONER. EXHIBIT-P5- TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OF THE 5TH PETITIONER. EXHIBIT-P6- TRUE COPY OF THE PORT AND SAND PERMIT ISSUED BY THE IST RESPONDENT TO SIMILARLY LIKE PETITIONERS DATED 24/09/2011. EXHIBIT-P7- TRUE COPY OF THE PORT AND SAND PERMIT ISSUED BY THE IST RESPONDENT TO SIMILARLY LIKE PETITIONERS DATED 10/10/2011. EXHIBIT-P8- TRUE COPY OF THE PORT AND SAND PERMIT ISSUED BY THE IST RESPONDENT TO SIMILARLY LIKE PETITIONERS DATED 10/10/2011. EXHIBIT-P9- TRUE COPY OF THE CASH BIIL FOR THE PORT SAND PEMIT ISSUED BY THE 2ND RESPONDENT DATED 10/10/2011. EXHIBIT-P10- TRUE COPY OF THE CASH BILL FOR THE PORT AND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 10/10/2011. EXHIBIT-P11- TRUE COPY OF THE GOVERNMENT ORDER NO. 58289/P3/2010/ REVENUE DATED 11/11/2010. EXHIBIT-P12- TRUE COPY OF THE JUDGMENT IN W.P(C) 30683/2010 ON THE FILE OF THIS HONOURABLE COURT DATED 08/08/2011 EXHIBIT-P13- TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 22273/2011 ON THE FILE OF THIS HONOURABLE COURT DATED 23/08/2011 EXHIBIT-P14- TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 25187/2011 ON THE FILE OF THIS HONOURABLE COURT DATED 23/09/2011 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28885 OF 2011 ===================== Dated this the 31st 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. 28885/11 :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. ANTONY DOMINIC, JUDGE Rp