IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 33733 of 2011(N) ---------------------------------------- PETITIONER(S): ------------------------ ISMAIL, S/O.MUHAMMED, PUTHUVEETIL HOUSE, UROOB NAGAR, PONNANI, MALAPPURAM DISTRICT, (REGISTERED OWNER OF THE VEHICLE NO.KL-09Q/9559). 2. BABURAJ, S/O.CHAKKUNNI, POORATHARAYIL HOUSE, EASWARAMANGALAM, PONNANI, MALAPPURAM DISTRICT, (REGISTERED OWNER OF THE VEHICLE NO.KL-08B/5238) 3. MOHANAN.V.V., S/O.KANDA, VENGARAVALAPPIL HOUSE, EASWARAMANGALAM, PONNANI, MALAPPURAM DISTRICT. (REGISTERED OWNER OF THE VEHICLE NO.KL-53A/9372). 4. VINOD,S/O.VISWAMBRAN, THEKKETHUVAPAPPIL HOUSE, OTHALOOR, PONNANI, MALAPPURAM DISTRICT(REGISTERED OWNER OF THE VEHICLE NO.KL-07E/2657) BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): -------------------------- 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. BY ADV.SRI.C.M.MOHAMMED IQUBAL,SC, MUNICIPALITY R4 BY GOVERNMENT PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, ALONG WITH WP(C)NO.33758 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33733/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE VEHICLE PASS ISSUED FOR THE TRANSPORATION OF DRUDGED MATERIALS FROM THE PORT, ISSUED BY THE 3RD RESPONDENT DATED, 23/9/2011. P2 COPY OF THE JUDGMENT DATED, 20/9/2011 IN WP(C)NO.23810/2011 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. --------------------------------------- W.P.(C) Nos. 33733 & 33758 of 2011 ---------------------------------------- Dated this the 16th 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 W.P.C. Nos. 33733 & 33758 OF 2010 -2- 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, 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, these writ petitions are also disposed of directing that the respondents 1 to 3 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. Kp/-