IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28561 of 2011(U) --------------------------------------- PETITIONERS: --------------------- 1. THOMAS C.L., AGED 55 YEARS, S/O.LAZAR, CHAKRAMAKKIL HOUSE, PALAYOOR, CHAVAKKAD P.O., THRISSUR DISTRICT. 2. ABDUL JALEEL, AGED 57 YEARS, S/O.AMMU, MUSLIM VEETTIL HOUSE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE(P)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, O/O DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001. 3. THE PORT CONSERVATOR, O/O PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT-679 583. 4. THE PONNANI MUNICIPALITY, REPRESENTED BY SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM-679 583. W.P.(C).NO.28561/2011-U: *ADDITIONAL R.5 IMPLEADED: 5. THE PALLAPRAM COIR VYAVASAYA - CO-OPERATIVE SOCIETY LTD.NO.M-598, REPRESENTED BY THE SECRETARY, PONNANI SOUTH, PONNANI, MALAPPURAM DISTRICT. *ADDL. R5. IS IMPLEADED AS PER ORDER DATED 27/10/2011 IN I.A. NO. 17142/11. R1 & R2 BY GOVT. PLEADER SRI. MOHAMMED SHAH, R4 BY SRI. C.M. MOHAMMED IQBAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28561/2011-U: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 : THE COPY OF THE ORDER DTD.11.11.2010 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : COPY OF THE PERMIT AND THE BILL FOR SALE OF SAND ISSUED TO THE 1ST PETITIONER BY THE 3RD AND 4TH RESPONDENTS. EXT.P3 : COPY OF THE PERMIT AND THE BILL FOR SALE OF SAND ISSUED TO THE 2ND PETITIONER BY THE 3RD AND 4TH RESPONDENTS. EXT.P4 : THE COPY OF THE JUDGMENT DTD.8.8.2011 IN W.P.(C). NO.30683/2010. EXT.P5 : THE COPY OF THE JUDGMENT DTD.20.9.2011 IN W.P.(C). NO.23810/2011 AND CONNECTED WRIT PETITION. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 28561 OF 2011 ===================== Dated this the 27th day of October, 2011 J U D G M E N T 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 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 WPC No. 28561/11 :2 : 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. 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. ANTONY DOMINIC, JUDGE Rp