IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 33209 of 2011(A) ----------------------------------------- PETITIONER(S): -------------------------- 1. NAZAR K.V., S/O.HAMZA, AGED 33 YEARS, RESIDING AT VAZHATHOPPIL HOUSE, PONNANI (P.O), PONNANI VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-13-M-1787) 2. SURESH, S/O.BALAN, AGED 35 YEARS, RESIDING AT HOUSE NO.02/501, MANJERI, NANNAMMUKKU (P.O), PONNANI, MALAPPURAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-13-L-3255) 3. ALI, SON MARIYA, AGED 36 YEARS, MENAKATH HOUSE, PALLAPRAM (P.O), PONNANI, MALAPPURAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-07-D-1843) 4. MILAD.P., S/O.MOHAMMED, AGED 24 YEARS, RESIDING AT PULIKKALAKATH HOUSE, URUB NAGAR, PALLIPRAM, PONNANI (P.O), MALAPPURAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-10-Y-2184) 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 – 679 583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM PIN – 679 583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 1 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1 BY ADV.SRI.C.M.MOHAMMED IQUBAL,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33209/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONER'S VEHICLE BEARING NO.KL-13-M-1787 EXT.P-2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SECOND PETITIONER'S VEHICLE BEARING NO.KL-13-L-3255 EXT.P-3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE THIRD PETITIONER'S VEHICLE BEARING NO.KL-07-D-1843 EXT.P-4 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FOURTH PETITIONER'S VEHICLE BEARING NO.KL-10-Y-2184 EXT.P-5 TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT DATED 25.10.2011 IN WPC NO.28450/2011 RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33209 of 2011 ---------------------------------------- Dated this the 13th 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. W.P.C. No. 33209 OF 2011 -2- 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 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. Kp/-