IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 27676 of 2011(H) ----------------------------------------- PETITIONER(S): ----------------------- 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. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU SRI.RAVI KRISHNAN RESPONDENT(S): ------------------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT, PIN-679 577. 2. THE DISTRICT COLLECTOR, MALAPPURAM, PIN-676 505. R1 BY ADV. SRI.C.M.MOHAMMED IQUABAL,SC,PONNANI MUN R2 BY SR.GOVT. PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27676/2011 APPENDIX PETITIONER(S) EXHIBITS P1 :- TRUE COPY OF THE JUDGMENT DTD.4.10.2010 IN WPC NO.25966/2011 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS R1(a):- COPY OF THE CIRCULAR ISSUED BY THE DISTRICT COLLECTOR, MALAPPURAM DT. 6.9.2011. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 27676 OF 2011 ----------------------------------------------------- Dated this the 9th day of November, 2011 J U D G M E N T The prayer sought in this writ petition reads as under: “Issue a writ of mandamus, or any other appropriate writs, orders or directions, commanding the 1st respondent to issue passes/permits under Act 18 of 2001 in accordance with law for the transportation of sand to the vehicles of the petitioners bearing registration Nos.KL-54B/5859, KL-54A/2685, KL-46A/118, KL- 46C/5969 and KL-08AH/4642, forthwith; ii) Declare that the 1st respondent Municipality cannot take a stand that no passes/permits for transportation of sand under Act 18 of 2001, will be issued to the petitioners' vehicles on account of non-registration of the vehicles with the Municipality;” 2. A statement has been filed on behalf of the first W.P.(C) No. 27676 OF 2011 :2 : respondent, Municipality, producing a Circular dated 6.9.2011, issued by the District Collector, which interalia contains a clause which reads thus: “ 3. In the statement submitted by the Municipality in paragraph 3 also they have referred to the Circular and stated thus: “The statement in para 2 that the 1st respondent has taken a stand that, the permits will be issued only to the vehicles registered in the Ponnani Municipality for transportation of sand is not correct. Presently the Municipality is issuing passes to the consumers as per the circular issued by the District Collector dated 06.09.2011.” W.P.(C) No. 27676 OF 2011 :3 : 4. Thus according to the Municipality permits will be issued to all vehicles without insisting on the registration of the vehicles in the Ponnani Municipality. Recording the submissions, this writ petition is closed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge