IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 25966 of 2011(U) -------------------------- PETITIONERS: --------------- 1. MUJEEB RAHMAN, S/O R.K MUHAMMED, RARANKANDATH HOUSE, NADAKKAVU, KALADY, MALAPPURAM DISTRICT. 2. R.K. MUHAMMED, S/O ABDU MUSLIAR, RARANKANDATH HOUSE, NADAKKAVU,KALADY, MALAPPURAM DISTRICT. 3. PRAMOD P.U, S/O UMESAN, PATHAYAPURAKKAL HOUSE CHOONDAL, THRISSUR DISTRICT. 4. AYAMUTTY, KINATTINGARAPARAMBIL HOUSE, CHERIYA PARAPUR, VETTOM, MALAPPURAM DISTRICT. 5. MUHAMMED, S/O HASSAN, KINATTINGARAPARAMBIL HOUSE, VELIYAMPURAM, THRIPRANGODE, MALAPPURAM DISTRICT. 6. REJOY P.JOY,S/O JOY, PYNADATH HOUSE, ALPARA, KANNARA P.O, THRISSUR DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENTS: --------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT PIN-679 577. (CNTD....2) WP(C).No. 25966 of 2011(U) ::2:: 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. ADV.MR.C.M.MUHAMMED IQBAL SC FOR R1 GOVERNMENT PLEADER MR.M.MUHAMMED SHAFI FOR R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, ALONG WITH W.P.(C).NO.24944/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25966 of 2011(U) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: VEHICLE PASS ISSUED FOR THE TRANSPORTATION OF DRUDGED MATERIALS FROM THE POST, ISSUED BY R3 DTD. 26.7.2011. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NOS.25966 & 24944 OF 2011 ------------------------------- DATED THIS THE 4TH DAY OF OCTOBER, 2011 JUDGMENT Common issues are involved in these writ petitions and therefore these writ petitions are disposed of by a common judgment. 2. W.P.(C).No.25966/2011 is filed for a direction commanding respondents 1 to 3 that while issuing permits for the transportation of drudged materials from Ponnani Port including sand, there shall not be any restriction that it shall be transported only within Malappuam District and for other incidental reliefs. W.P.(C).No.24944/2011 is filed for a direction commanding the lst respondent-Grama Panchayat to issue passes/permits to the petitioners to transport sand from Malappuram District to Kozhikode District, as applied by them and for other incidental reliefs. 3. The learned Standing Counsel appearing for the lst -2- W.P.(C).No.25966 & 24944/2011 respondent-Municipality in W.P.(C).No.25966/2011 submits that in the judgment dated 8/8/2011 in W.P.(C).No.30683/2010 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 District, it is not necessary for this Court to examine the contentions raised by the petitioners on merits. For the aforesaid reasons, these writ petitions are disposed of directing the lst respondent Municipality/Grama Panchayat to issue permits to the petitioners for the transportation -3- W.P.(C).No.25966 & 24944/2011 of drudged materials including sand from Ponnani Port to the places outside Malappuam District as well. Sd/- HARUN-UL-RASHID, Judge. Kcv.