IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 27607 of 2011(A) -------------------------------------- PETITIONERS: --------------------- 1. NAJEEB, S/O.ABDUL AZEEZ, AGED 34, OTHALAKKADHOTTAYIL HOUSE, PONNANI P.O., MALAPPURAM DT.,- 679 586. (R C OWNER OF KL-05-J/1256). 2. DILIP KUMAR,, S/O.PRABHAKARAN, AGED 29, CHEMBRA HOUSE, KADAVANADU P.O, EZHUVATHIRUTHY, PONANI, MALAPPURAM DT. (RC OWNER OF KBR/2328). 3. HAMZU, S/O.ABU, 36 YEARS, JAMMINTE HOUSE, PONNANI SOUTH P.O, MALAPPURAM DT. (R.C OWNER OF KL-12-A/95). 4. K.V.VELAYUDHAN, S/O.KUNJUNNI, AGED 39, KALLOOR VALAPPIL HOUSE, MUDUR, VATTAMULAM, PONNANI, MALAPPURAM DT.(RC OWNER OF KL-13-E/1251). 5. PRADEEP, S/O.PRABHAKARAN, AGED 38, CHEMBRA HOUSE, KADAVANADU P.O, EZHUVATHIRUTHY, PONANI, MALAPPURAM DT. (RC OWNER OF KL-04-A/743). 6. SREEJITH C.T, S/O.HARIDAS C.T., AGED 26, CHELLITHARYAIL HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DT,(RC OWNER OF KL-11-B/158) BY ADV. SRI.SHOBY K.FRANCIS. RESPONDENTS: ------------------------ 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI P.O, MALAPPURAM DT.- 679 583. W.P.(C).NO.27607/2011-A: 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O, MALAPPURAM DT.-679 583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1. 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-1. R2 BY SRI. MOHAMMED IQBAL, S.C, R3 & R4 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.27607/2011-A: APPENDIX PETITIONERS' EXHIBITS:- EXHIBIT-P1. TRUE COPY OF THE RC. OF THE VEHICLE BEARING REG.NO.KL- 05-J/1256 DATED 29.1.2011. EXHIBIT-P2. TRUE COPY OF THE RC. OF THE VEHICLE BEARING REG.NO.KBR/2328 DATED 20.09.2010. EXHIBIT-P3. TRUE COPY OF THE RC.OF THE VEHICLE BEARING REG.NO.KL- 12-A/95 DATED 12.9.2011. EXHIBIT-P4. TRUE COPY OF RC OF THE VEHICLE BEARING REG.NO.KL-13- E/1251 DATED 14.10.2010. EXHIBIT-P5. TRUE COPY OF THE RC OF THE VEHICLE BEARING REG.NO.KL- 04-A/743 DATED 14.1.2011. EXHIBIT-P6. TRUE COPY OF RC OF THE VEHICLE BEARING REG.NO.KL-11- B/158 DATED 20.1.2011. EXHIBIT-P7. TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE 1ST RESPONDENT DATED 24.1.2011. EXHIBIT-P8. TRUE COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 24.1.2011. EXHIBIT-P9. TRUE COPY OF THE GO DATED 11.11.2010 ISSUED BY THE REVENUE DEPT. IN NO.58289/P3/2010 REVENUE. EXHIBIT-P10. TRUE COPY OF THE JUDGMENT IN WPC NO.30683/2010 DATED 8.8.2011 OF THE DIVISION BENCH. EXHIBIT-P11. TRUE COPY OF THE JUDGMENT IN WPCNO.22273/2011 DATED 23.8.2011 OF THE DIVISION BENCH. EXHIBIT-P12. TRUE COPY OF THE JUDGMENT IN WPC NO.25187/2011 DATED 23.9.2011 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27607 of 2011 A ``````````````````````````````````````````````````````````` Dated this the 18th 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 W.P.(C) Nos.23810 and 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 W.P.(C) No.27607/2011 : 2 : 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 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 W.P.(C) No.25659/2011 was filed, which was also disposed of by W.P.(C) No.27607/2011 : 3 : 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 2nd respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- (ANTONY DOMINIC, JUDGE) aks/19/10 // True Copy // P.A. To Judge