IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34619 of 2011(B) ----------------------------------- PETITIONER(S): ---------------------- SHAJI M. , S/O SANKARA NARAYANAN, MENAKATH HOUSE, THRIKKAVU P.O., PONNANI, MALAPPURAM DISTRICT. (OWNER KL-54-C-2823) BY ADV. SRI. P.K. MOHAMED JAMEEL RESPONDENT(S): ------------------------ 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT, PIN. 679 577 2. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING , PONNANI HARBOR, PONNANI P.O., MALAPPURAM DISTRICT, PIN. 679 577 R1 BY SRI. C.M. MUHAMMED IQBAL, S.C. R2 BY GOVT. PLEADER SRI. MOHAMMED SHAFI M. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).No. 34619/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT. P1 : COPY OF THE CERTIFICATE OF REGISTRATION OF KL-54-C-2823 DATED 14.11.2011. EXT. P2 : COPY OF THE PORT SAND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 22.11.2011. EXT. P3 : COPY OF THE JUDGMENT IN W.P.C.NO.25187/2011 DATED 23.09.2011. RESPONDENT(S) EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No.34619 of 2011 --------------------------------------- Dated this the 22nd day of December 2011. JUDGMENT Learned Standing counsel takes notice for first respondent and Learned Govt.Pleader for the 2nd respondent. 2. Heard the parties. 3. The writ petition is filed for a direction commanding the respondents to permit the petitioner and his vehicle (No. KL-54- C-2823) to transport port sand from Malappuram District to other districts as per the choice of the consumers and for a direction commanding respondents 1 and 2 to delete the condition imposed in the port sand pass/permit restricting the transportation of port sand only in Malappuram District and direct them to issue permit to the areas outside Malappuram District. W.P.(C) No.34619/2011 2 4. The grievance of the petitioner is that while issuing permit and cash bill, the respondents 1 and 2 affixed a seal”valid only on Malappuram District”. Because of this reason petitioner could not transport materials like cement, river sand, bricks etc outside the Malappuram District. 5. Learned Standing counsel for the Municipality submits that in judgment dated 8.8.2011 in W.P.C No. 30683/2011 marked as Ext.P5 in W.P.(C).No.25187/11 this Court issued a direction to the effect that sand from Ponnani Port should be 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 W.P.(C) No.34619/2011 3 District, it is not necessary for this Court to examine the contentions raised by the petitioners on merits. 6. For the aforesaid reasons, the writ petition is disposed of directing the lst respondent Municipality to issue permit to the petitioner for the transportation of drudged materials including sand from Ponnani Port to the places outside Malappuam District as well. HARUN-UL-RASHID JUDGE al