IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 30294 of 2011(J) -------------------------- PETITIONER(S): --------------- 1. BABUMON, AGED 36, S/O.VELAYUDHAN, KALLEPARAMBIL HOUSE, OWNER OF VEHICLE KL-10-U-147, PURANGE P.O., PONNANI, MALAPPURAM DISTRICT. 2. SHARAFUDHEEN, AGED 32, S/O.BEERAN, 22/28, NAMBIDIVEETTIL HOUSE, OWNER OF VEHICLE KL-08-C-5157, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. 3. IBRAHIMKUTTY, AGED 36, S/O.BEERAN, 22/28, NAMBRUVEETTIL HOUSE, OWNER OF VEHICLE KL-10T-1921, PONNANI, MALAPPURAM DISTRICT. 4. VIJAYAN, AGD 36, S/O.KUMARAN, 7/898, CHOZHIYATTEL HOUSE, OWNER OF VEHICLE KL 09-T-1332, EZHUVATHIRUTHY, PONNANI P..O, MALAPPURAM DISTRICT. 5. PUSHPARAJ, AGED 32, S/O.KESAVAN, KAILASAMKALATHIL HOUSE, HOUSE NO.22/242, OWNER OF VEHICLE KL-05-D-8334, PONNANI P.O., MALAPPURAM DISTRICT. 6. VINOD, AGED 31, S/O.PADMANABHAN, VETTIYATTIL HOUSE, OWNER OF VEHICLE KL-13F 9925, PONNANI, MALAPPURAM DISTRICT. 7. SREENIVASAN, AGED 34, S/O.THANGAM, CHOZHIYATTAYIL HOUSE, OWNER OF VEHICLE KL-10W-7774, PONNANI P.O., MALAPPURAM DISTRICT. VK WP(C).No. 30294 of 2011(J) -------------------------------- 8. HAMEED, AGED 29, S/O.MOIDEEN, 12/228, CHULLINTE (HOUSE), OWNER OF VEHICLE :KL-12C-3144, PONNANI P.O., MALAPPURAM DISTRICT 9. MAMMIKUTTY, AGED 42, S/O.BAVAKUTTY, VATTAPARAMBIL HOUSE, OWNER OF VEHICLE KL-10Z-5180, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. BY ADVS. SRI.PRAVEEN K. JOY SMT.RENJINI RAJENDRAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, (REVENUE DEPARTMENT), SECRETARIAT, TRIVANDRUM-1. 2. THE PORT CONSERVATOR, OFFICE OF THE PORT CONSERVATOR, PORT & SHIPPING, PONNANI-HARBOUR, PONNANI P.O. 679583. 3. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O, 679583, MALAPPURAM DISTRICT. R1 BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE R3 BY ADV. SRI.C.M.MOHAMMED IQBAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 30294 of 2011(J) ---------------------------------- APPENDIX ------------- PETITIONER'S EXHIBITS -------------------------- EXT.P1. COPY OF THE JUDGEMENT DATED 8.8.2011 IN WPC NO.30683/2010 OF THIS HONOURABLE COURT. EXT.P2. COPY OF THE CERTIFICATE OF REGISTRATION IN VEHICLE WITH NO.KL-10-U-147. EXT.P3. COPY OF THE REGISTRATION WITH VEHICLE NO.KL-8C-5157. EXT.P4. COPY OF CERTIFICATE OF REGISTRTION WITH VEHICLE NO.KL-10T- 1921. EXT.P5. COPY OF CERTIFICATE OF REGISTRATION OF VEHICLE NO.KL-9T- 1332. EX.P6. COPY OF CERTIFICATE OF REGISTRATION WITH VEHICLE N0.KL-5D- 8334 EXT.P7. COPY OF CERTIFICATE OF REGISTRATION WITH VEHICLE NO.KL- 13F-9925 EXT.P8. COPY OF REGISTRATION IN VEHICLE NO.KL-10W-7774. EXT.P9. COPY OF CERTIFICATE OF REGISTRATION IN VEHCILE NO.KL-120- 3144 EXT.P10. COPY OF THE PASS DATED 29.10.2011 SO ISSUED TO 8TH PETITIONER VEHICLE KL-12C-3144 BY THE RESPONDENT. EXT.P11. COPY OF THE PASS DATED 9.11.2011 ISSUED TO THE VEHICE KL- 13F-9925 EXT.P12. COPY OF CERTIFICATE OF REGISTRATION IN THE OWNER OF 9TH PETITIONER WITH VEHICLE NO.KL-10Z-5180. EXT.P13. COPY OF JUDGEMENT IN WPC NO.23818/2011 DATED 20.9.2011. EXT.P14. COPY of the JUDGEMENT DATED 3.10.2011 IN WPC NO.25659/2011 OF THIS HONOURABLE COURT. RSPONDENT'S EXHIBITS : NIL ---------------------------- / TRUE COPY / VK P.A. TO JUDGE VK ANTONY DOMINIC, J ....................................................... W.P.(C).30294/2011 .............................................. Dated this the 14th day of November, 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 places outside Malappuram District. Now that such a submission has been made on W.P.(C).30294/11 2 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, this writ petition is also disposed of directing that the third 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. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge