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. 32984 of 2011(W) -------------------------- PETITIONER(S): --------------- RAJAN S/O.KESAVAN, KOCHIRATHEL HOUSE, EDAPPAL, MALAPPURAM DT. (REGISTERED OWNER OF THE VEHICLE BEARING REGN.NO.KL-12B 9966) BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): --------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI ,MALAPPURAM DT 679 577. 2. PURATHOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PURATHOOR, MALAPPURAM DT PIN 676 102. 3. THE PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNAI ,MALAPPURAM DT 679 577. 4. THE DISTRICT COLLECTOR, MALAPPURAM 676505. SR.GOVT.PLEADER SMT.M.J.RAJASREE SRI.M.MOHAMMED IQBAL, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32984/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE VEHICLE PASS ISSUED FOR THE TRANSPORTATION OF DRUDGED MATERIALS FROM THE PORT, ISSUED BY THE 3RD RESPONDENT DT 23.9.11. EXT.P2: TRUE COPY OF THE JUDGMENT DT 20.9.11 IN WPC NO.23810/11 OF THIS HONOURABLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32984 OF 2011 ===================== Dated this the 9th day of December, 2011 J U D G M E N T The grievance of the petitioner 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 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. WPC No.32984/11 :2 : 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, 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. ANTONY DOMINIC, JUDGE Rp