IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 26676 of 2011(H) -------------------------------------- PETITIONER: ----------------- SIDDIQUE V. S/O.KUNHIMUHAMMED, AGED 33 YEARS, VARIYATH VALAPPIL HOUSE, THAVANOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ---------------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT, PIN-679577. 2. PURATHOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PURATHOOR, MALAPPURAM DISTRICT, PIN-676102. 3. THE PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT, PIN-679577. 4. THE DISTRICT COLLECTOR, MALAPPURAM, PIN-676505. ADV. SRI.C.M.MOHAMMED IQUABAL FOR R1 AND R2 GOVERNMENT PLEADER SRI MUHAMMED SHAFI. M. FOR R3 AND R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.26676/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE VEHICLE PASS ISSUED FOR THE TRANSPORTATION OF DRUDGED MATERIALS FROM THE PORT, ISSUED BY THE 3RD RESPONDENT DTD. 23/9/2011. RESPONDENTS' EXTS: NIL. TRUE COPY P.S. TO JUDGE kcv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 26676 OF 2011 ------------------------------- DATED THIS THE 24TH DAY OF OCTOBER, 2011 JUDGMENT This writ petition is filed for a direction commanding the respondents 1 to 3 that while issuing permits for transportation of drudged materials including sand from Ponnani Port, there shall not be any restriction that it shall be transported only within Malappuram District and for other incidental reliefs. 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Municipality/Panchayat and the learned Government Pleader. 3. The learned Standing Counsel for the 2nd respondent- Panchayat, on instructions submits that since the Panchayat is located in the middle of Malappuram District, the issuance of passes for outside the Malappuram District is not necessary. The learned Standing Counsel for the lst respondent-Municipality submits that the judgment dated 8/8/2011 in W.P.(C). No.30683/2010 this Court issued a direction to the effect that sand -2- W.P.(C).No.26676/2011 from Ponnani Port should be transported only within the Malappuram District and that it was therefore such a condition was imposed. Learned Standing Counsel further submits that when the said writ petition was disposed of such a condition has not been issued. The Municipality submits that it is now free to issue passes enabling transportation of sand from Ponnani Port to various other places outside Malappuram District. In view of the fact that the Municipality is now issuing passes enabling transportation of sand from Ponnani Port to various other places outside Malappuram District, it is not necessary for this Court to examine the contentions raised by the petitioners on merits. For the aforesaid reasons, the writ petition is disposed of directing the lst respondent-Municipality to issue permit to the petitioner for the transportation of drudged materials including sand from Ponnani Port to the places outside Malappuam District as well. HARUN-UL-RASHID, Judge. kcv.