IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 29103 of 2011(K) --------------------------------------- PETITIONERS: --------------------- 1. SHINOJ, S/O.VASU, AGED 29 YEARS, PULIKKAL HOUSE, ESWARAMANGALAM, NAITHALLOOR, PONNANI, MALAPPURAM DISTRICT.(REGISTERED OWNER OF VEHICLE NO.KL-02C/3132). 2. ABHILASH K., S/O.ARAMUGHAN, KARUVADY HOUSE, ESWARAMANGALAM, NAITHALLOOR, PONNANI, MALAPPURAM DISTRICT.(REGISTERED OWNER OF VEHICLE NO.KL-10B/9333, KL-10U/4465). 3. AJESH K., S/O.ARAMUGHAN, KARUVADY HOUSE, ESWARAMANGALAM, NAITHALLOOR, PONNANI, MALAPPURAM DISTRICT.(REGISTERED OWNER OF VEHICLE NO.KL-08G/597). 4. ANEESH K.,S/O.ARAMUGHAN,KARUVADY HOUSE, ESWARAMANGALAM, NAITHALLOOR, PONNANI, MALAPPURAM DISTRICT.(REGISTERED OWNER OF VEHICLE NOS.KL-10G/3693 AND KL-10L/8574). 5. LALITHA, W/O.ARAMUGHAN,KARUVADY HOUSE, ESWARAMANGALAM, NAITHALLOOR, PONNANI, MALAPPURAM DISTRICT.(REGISTERED OWNER OF VEHICLE NO.KL-10P/6793). 6. RAMACHANDRAN, S/O.AYYAPPAN, KARUVADY HOUSE, BIYYAM P.O., PONNANI, MALAPPURAM DISTRICT. (REGISTERED OWNER OF VEHICLE NO.KL-08F/2149). 7. AYYAPPAN, S/O.RAMAN, KARUVADY HOUSE, BIYYAM P.O., PONNANI, MALAPPURAM DISTRICT.(REGISTERED OWNER OF VEHICLE NO.KL-13B/2806). 8. SAKEER, S/O.BAVA, MUNNOOLIL HOUSE, ESWARAMANGALAM, NAITHALLOOR, PONNANI, MALAPPURAM DISTRICT.(REGISTERED OWNER OF VEHICLE NO.KL-08J/7515). W.P.(C).NO.29103/2011-K: 9. SUBAIR K.P., S/O.CHEKKU, KOLOTHUMPARAMBIL HOUSE, NARIPARAMBA, PONNANI, MALAPPURAM DISTRICT.(REGISTERED OWNER OF VEHICLE NOS.KL-13C/5051 & KL-04G/9160). BY ADV. SRI.BABU S. NAIR. RESPONDENTS: ------------------------ 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT, PIN-679 577. 2. PURATHOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PURATHOOR, MALAPPURAM DISTRICT, PIN-676 102. 3. THE PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT, PIN - 679 577. 4. THE DISTRICT COLLECTOR, MALAPPURAM, PIN-676 505. R1 BY SRI. C.M. MOHAMMED IQUBAL, S.C, R4 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011,ALONG WITH W.P.(C).NO.29145/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.29103/2011-K: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE VEHICLE PASS ISSUED FOR THE TRANSPORTATION OF DRUDGED MATERIALS FROM THE PORT, ISSUED BY THE 3RD RESPONDENT DATED, 23-9-2011. EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 20-9-2011 IN WPC 23810/2011 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 29103 & 29145 OF 2011 ----------------------------------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T The facts and the reliefs sought in all these writ petitions are similar and therefore these writ petitions are heard together and are disposed of by this common judgment. 2. 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. 3. Earlier, identically placed petitioners had approached this court by filing W.P.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 W.P.(C) Nos. 29103 & 29145 of 2011 :2 : 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 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 W.P.(C) Nos. 29103 & 29145 of 2011 :3 : permitting transportation of the sand in question to places outside Malappuram District.” 4. Following the said judgment WPC 25659 of 2011 was filed which was also disposed of by judgment dated 3rd October, 2011. Thus the issues raised in these writ petitions are fully covered by the aforesaid judgments. 5. In that view of the matter, these writ petitions are 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. The writ petitions are disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge