IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 32373 of 2011(V) -------------------------- PETITIONER(S): --------------- 1. SARJITH K.T. AGED 35, S/O. KUNHALAVI, KURUPPANTHODI - HOUSE, IRIMBILIYAM P.O., THIRUR TLUK, MALAPPURAM DT. (REGISTERED OWNER OF KL-7-AT-/6557) 2. HAKKIM, S/O. KUNHALIKUTTY,AMBALAPARAMBIL HOUSE, IRMBILIYAM P.O THIRUR TALIK, MALAPPURAM DT. (REGISTERED OWNER OF KL-55-E/5092) 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.679583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY PONNANI MUNICIPALITY, PONNANI P.O. MALAPPURAM DT.679583. 3. DIRECTOR, GENERAL POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 1. 4. STATE OF KERALA REPRESENTED BY ADDITIONAL, CHIEF SECRETARY TO GOVERNMENT REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM -1. R2 BY ADV. SRI. C.M. MOHAMMED IQUABAL R3 & R4 BY GOVT. PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 32373/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RC OF THE VEHICLE BEARING REG. NO.KL-7-AT-/6557 DATED 12/10/09. P2: COPY OF RC OF THE VEHICE BEARING REG NO.KL-55-E/5092 DATED 19/12/2009 P3: COPY OF THE PORT SAND PERMIT ISSUED BY THE 1ST RESPONDENT DATED 21/1/11. P4: COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 24/1/2011. P5: COPY OF THE GO DATED 11/11/2010 ISSUED BY THE REVENUE DEPT.IN NO.58289/P3/2010/REVENUE. P6: COPY OF THE JUDGMENT IN WPC NO.25187/11 DATED 23/9/2011 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J ....................................................... W.P.(C).32373/2011 .............................................. Dated this the 6th day of December, 2011 JUDGMENT 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 W.P.(C).32373 2 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 and second respondents are 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