IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 30368 of 2011(U) --------------------------------------- PETITIONER(S): ----------------------- MOIDEENKUTTY. K.K., S/O.KUNJIMOIDU, AGED 30, KUTTIMUCHIKKAL HOUSE, P.O. NELLUVAI, KUTTANCHERY, THRISSUR DT. (R C OWNER OF KL-17/A-4265, KL-10/S-7354 & KL-02/1921) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------------------- 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI P.O., MALAPPURAM DT. 679 583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM DT. 679 583. 3. DIRECTOR GENERAL POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1. 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. R2 BY ADV. MR.C.M. MOHAMMED IQBAL, SC. R3 & R4 BY GOVT. PLEADER SMT.M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 30368 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RC. OF THE VEHICLE BEARING REG.NO.KL-17/A-4265 DATED 5.10.2010. EXT.P2 TRUE COPY OF THE RC. OF THE VEHICLE BEARING REG.NO.KL-10/S-7354 DATED 18.8.11. EXT.P2A TRUE COPY OF THE RC. OF THE VEHICLE BEARING REG.NO.KL-02/M 1921 DATED 10.3.08. EXT.P3 TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE 1ST RESPONDENT DATED 27.9.11. EXT.P4 TRUE COPY OF THE CASH BILL FOR THE PORT SAND PERMIT DATED 27.9.11. EXT.P5 TRUE COPY OF THE GO DATED 11.11.10 ISSUED BY THE REVENUE DEPT. IN NO.58289/P3/2010/REVENUE. EXT.P6 TRUE COPY OF THE JUDGMENT IN WPC.NO.25187/11 DATED 23.9.11 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 30368 OF 2011 ----------------------------------------------------- Dated this the 15th day of November, 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 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 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 W.P.(C) No. 30368 of 2011 :2 : 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 permitting transportation of the sand in question to places outside Malappuram District.” 3. Following the said judgment WPC 25659 of 2011 was filed which was also disposed of by judgment dated 3rd W.P.(C) No. 30368 of 2011 :3 : October, 2011. Thus the issues raised in this 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 4th respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge