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. 34814 of 2011(B) -------------------------- PETITIONER(S): --------------- 1. DINESAN, SON OF ACHUTHAN, AGED 29 YEARS, MANJERI HOUSE, MOOKKUTHALA, NANNAMUKKU, PONNANI TALUK, MALAPPURAM DISTRICT (OWNER OF LORRY BEARING REGN.NO.KL-11-X-1072). 2. SHAHEER, SON OF ABDUL RAHIMAN, AGED 37 YEARS, RESIDING AT NADUVILAPPAT RAMT, ANDATHODU (P.O), PANNIYYORKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. (OWNER OF LORRIES BEARING REGN.NOS.KL-46-6357 AND KL-D-5886). 3. RAMESH, AGED 36 YEARS, RESIDING AT IDAMANA HOUSE, CHOONDAL P.O., THRISSUR (OWNER OF LORRY BEARING REGN.NO.KL-46-D-7322). 4. JAMSHAD, SON OF ADBULLAKKUTTY, AGED 26 YEARS, KULANGARA HOUSE, BETTAM, THIRUR P.O., MALAPPURAM DISTRICT. (OWNER OF LORRY BEARING REGN.NO.KL-17-D-3566). BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI P.O., MALAPPURAM DISTRICT, PIN.679583. 2. PONNANI MUNICIPALITY, REP. BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM-679583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1. 4. STATE OF KERALA, REP . BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. BY SMT.M.J.RAJASREE, SR. GOVT.PLEADER SRI.C.M.MOHAMMAD IQBAL, SC, MUNICIPALITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU WP(C).No. 34814 of 2011 APPENDIX PETITIONERS' EXHIBITS : P1: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 25/10/2011 IN WPC.NO.28450/2011. RESPONDENTS' EXHIBITS : NIL. /TRUE COPY/ P.A. TO JUDGE SU ANTONY DOMINIC, J ....................................................... W.P.(C).34814/2011 .............................................. Dated this the 23rd day of December, 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).34814/11 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 respondents 1 and 2 are 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