IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34885 of 2011(I) --------------------------------- PETITIONER(S): -------------------- 1. RAHSSED, 2/24, (20/16), PATTATHIL VALAPPIL HOUSE, ATHALUR PO, THAVANOOR, PONNANI, MALAPPURAM DISTRICT, (OWNER OF VEHICLES BEARING REG.NO. KL/39/450 AND KL/54/2975.) 2. MOHAMMED JASIR, PULIKKAL HOUSE, ATHALUR PO, THAVANOOR, MALAPPURAM DISTRICT, (OWNER OF VEHICLES BEARING REG NO. KL.54/B/6518.) 3. K.V.NASAR, VAZHATHOPPIL HOUSE, PONNANI SOUTH PO, MALAPPURAM DISTRICT, (OWNER OF VEHICLES BEARING REG NO. KL/13/M/1787.) 4. SHEHIN, KIZHAKKATTUVALAPPIL HOUSE, TRIKKAVU, PONNANI PO, MALAPPURAM DISTRICT (OWNER OF VEHICLES BEARING REG NO.KL/04/D/7870.) 5. ABDUL SALAM, KOOTHUPARAMBIL HOUSE, ATHALUR PO, PONNANI MALAPPURAM DISTRICT, (OWNER OF VEHICLES BEARING REG NO.KL/07/T/7516.) 6. MUHAMMADKUTTY, PATTAHIL VALAPPIL HOUSE, ATHALUR PO, NEDAT NAGAR, MALAPPURAM DISTRICT. (OWNER OF VEHICLES BEARING REG NO.KL/07/V/5740.) BY ADV. SRI.K.B.ARUNKUMAR AS WPC.NO.34885/2011 RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM PIN 676 506. 2. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT PIN 679 577. BY ADV. SRI. MOHAMMED SHAH,GOVT. PLEADER ADV. SRI. MOHAMMED IQBAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WPC.NO. 34885/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1: THE COPY OF THE RC OF THE VEHICLE OWNED BY THE IST PETITIONER. EXT.P1(A): THE COPY OF THE RC OF THE VEHICLE OWNED BY THE IST PETITIONER. EXT.P2: THE COPY OF THE RC OF THE VEHICLE OWNED BY THE 2ND PETITIONER. EXT.P3: THE COPY OF THE RC OF THE VEHICLE OWNED BY THE 3RD PETITIONER. EXT.P4: THE COPY OF THE RC OF THE VEHICLE OWNED BY THE 4TH PETITIONER. EXT.P5: THE COPY OF THE RC OF THE VEHICLE OWNED BY THE 5TH PETITIONER. EXT.P6: THE COPY OF THE RC OF THE VEHICLE OWNED BY THE 6TH PETITIONER. RESPONDENTS' EXHIBITS :NIL /TRUE COPY/ P.A. TO JUDGE AS ANTONY DOMINIC, J ....................................................... W.P.(C).34885/2011 .............................................. Dated this the 23rd day of December, 2011 JUDGMENT The prayers sought in this writ petition reads as under: “Issue a writ of mandamus, or any other appropriate writs, orders or directions, commanding the 2nd respondent to issue permit/pass for transportation of sand in the vehicles of the petitioners bearing Reg.Nos.KL/39/450, KL/54/2975, KL/54/B/6518, KL/13/M/1787, KL/04/D/7870, KL/07/T/7516 and KL/07/V/5740 forth with. ii) Declare that the 2nd respondent Municipality cannot insist the registration of vehicles with the Municipality is required for issuance of passes/permits for transportation of sand. 2. In W.P.(C).27676/2011 a statement was filed by the Municipality wherein it was mentioned that the Municipality was issuing passes based on the Circular dated 6.9.2011 issued by the District Collector. That writ petition was disposed of with the following direction :- W.P.(C).34885/11 2 “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.” 3. Since the issue raised in this writ petition is also similar, it is clarified that the petitioners herein will also be entitled to the benefit of the aforesaid directions in the judgment in W.P.(C). 27676/2011. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs