IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32922 of 2011(M) --------------------------------------- PETITIONERS: --------------------- 1. PRAMOD, S/O.SARASWATHI, 28/66, THEKKINIYEDATH HOUSE, PONNANI, MALAPPURAM DISTRICT, (OWNER KL 13 M 472) 2. PRASANTH, S/O. THANKAPPAN, 66, THEKKINIYEDATH HOUSE, PALLAPURAM, POST PONNANI, MALAPPURAM DISTRICT, (OWNER KL 45 5622) BY ADV. SRI.P.K.MOHAMED JAMEEL. RESPONDENTS: ------------------------ 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT - 679 577. 2. THE PORT CONSERVATOR, OFFICE OF THE PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI, MALAPPURAM DISTRICT - 679 577. R1 BY SRI. C.M. MOHAMMED IQBAL, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.32922/2011-M: APPENDIX PETITIONERS' EXHIBITS:- EXHIBIT-P1- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL 13 M 472 DATED 19/11/2004 EXHIBIT-P2- TRUE COPY OF THE CERTIFICTE OF REGISTRATION OF KL 45 5622 DATED 27/11/2006 EXHIBIT-P3- TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE IST RESPONDENT DATED 22/11/2011 EXHIBIT-P4- TRUE COPY OF THE JUDGMENT IN W.P(C) 25187/2011 DATED 23/09/2011 RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32922 of 2011 M ``````````````````````````````````````````````````````````` Dated this the 9th day of December, 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 W.P.(C) Nos.23810 and 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 W.P.(C) No.32922/2011 : 2 : 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 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 W.P.(C) No.25659/2011 was filed, which was also disposed of by W.P.(C) No.32922/2011 : 3 : judgment dated 3rd October, 2011. Thus, the issue raised in the writ petition is fully covered by the aforesaid judgments. In that view of the matter, this writ petition is also disposed of, directing that the 1st respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- (ANTONY DOMINIC, JUDGE) aks/12/12 // True Copy // P.A. To Judge