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. 30286 of 2011(I) -------------------------------------- PETITIONER(S): ----------------------- 1. ABDUL KAREEM, MOHAMMED, AGED 32 YEARS, MUKKANDATH, PERUMPADAPPU P.O., PIN-679 580, PERUMBADAPPU VILLAGE, PONNANI TALUK, MALAPPURAM. (OWNER OF LORRY BEARING REGISTRATION NO. KL-08-H-6606). 2. GANGADHARAN, S/O.SHANKARAN, PALLIVALAPPIL, SUKAPURAM, EDAPPAL, MALAPPURAM DISTRICT, (OWNER OF LORRY BERAING REGISTRATION NO. KL-07-AP-3907). 3. NOUSHERKHAN PATHODI, S/O.ABDUL KHADER, SITHA, PATHODI HOUSE, PONNANI P.O., MALAPPURAM DISTRICT (OWNER OF A LORRY BEARING REGISTRATION NO. KL-54-B-4071). 4. SHAJU, S/O.THOMAS, CHERAMANTHURUTHU, 11/125, CHENNAMANGALAM, GOTHURUTH, NORTH PARAVUR (OWNER OF LORRY BARING REGISTRATION NO. KL-07-AJ-7630). 5. ABDUL HAKKEEM, S/O.MAMU, AGED 31 YEARS, THARAYYILKAYIL, PONNANI, THRIKKAVU P.O., MALAPPURAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO. KL-13-G-8285). 6. RAOOF, S/O.ABDUL LATHEEF, AGED 26 YEARS, DRIVER, KIZHAKKAKATH, VELLERI, PONNANI P.O., MALAPPURAM, (OWNER OF LORRY BEARING REGISTRATION NO. KL-04-N-2462). BY ADV. SRI.P.M.ZIRAJ WP(C).No. 30286 of 2011(I) RESPONDENT(S): -------------------------- 1. THE PORT CONSERVATOR, OFFICE OF THE PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI P.O., MALAPPURAM DISTRICT, PIN-679 583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM, PIN-679 583. 3. DIRECTOR GENERAL POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1. 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO 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, ALONG WITH WP(C) NO. 30315 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 30286 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONER'S VEHICLE BEARING NO.KL-08-H-6606. EXT.P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SECOND PETITIONER'S VEHICLE BEARING NO.KL-07-AP-3907. EXT.P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE THIRD PETITIONER'S VEHICLE BEARING NO.KL-54-B-4071. EXT.P4 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FOURTH PETITIONER'S VEHICLE BEARING NO.KL-07-AJ-7630. EXT.P5 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIFTH PETITIONER'S VEHICLE BEARING NO.KL-13-G-8285. EXT.P6 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SIXTH PETITIONER'S VEHICLE BEARING NO.KL-04-N-2462. EXT.P7 A TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE FIRST RESPONDENT DATED 8/9/2010. EXT.P8 A TRUE COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE SECOND RESPONDENT DATED 8/9/2010. EXT.P9 A TRUE COPY OF THE GO DATED 11/11/2010 ISSUED BY FOURTH RESPONDENT IN NO.58289/P3/2010/REVENUE. EXT.P10 TRUE COPY OF THE JUDGMENT DATED 25/10/2011 IN WPC.28450/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 30286, 30315, 30323, 30379, 30392 and 30411 OF 2011 ----------------------------------------------------- Dated this the 15th day of November, 2011 J U D G M E N T The facts and the reliefs sought in all these writ petitions are similar and therefore these writ petitions are heard together and are disposed of by this common judgment. 2. 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. 3. 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: W.P.(C) Nos. 30286/11 and other con. cases :2 : “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. In that view of the matter, these writ W.P.(C) Nos. 30286/11 and other con. cases :3 : 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.” 4. Following the said judgment WPC 25659 of 2011 was filed which was also disposed of by judgment dated 3rd October, 2011. Thus the issues raised in these writ petitions are fully covered by the aforesaid judgments. 5. In that view of the matter, these writ petitions are 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 petitions are disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge