IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 33889 of 2011(I) ----------------------------------- PETITIONERS -------------------- 1. MUHAMMED HANEEFA, S/O.MAMMU, PANDANAYILAKATH HOUSE, NAYARANGADI, PONNANI, MALAPPURAM DISTRICT. (REGISTERED OWNER OF THE VEHILCE NO.KL-08AF/1719) 2. PRASAD, S/O.NARAYANAN, ANAPARAMBIL HOUSE, KOLOLAMBA, EDAPPAL, MALAPPURAM DISTRICT. REGISTERED OWNER OF THE VEHILCE NO.KL-45A/6369) BY ADVS. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENTS ---------------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT, PIN 679 577. 2. PURATHOOR GRAMA PANCHAYAHAT, REPRESENTED BY ITS SECRETARY, PURATHOOR, MALAPPURAM DISTRICT, PIN - 676 102. 3. THE PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT, PIN - 679 577. 4. THE DISTRICT COLLECTOR, MALAPPURAM, PIN - 676 505. R1 BY SRI. C.M. MOHAMMED IQBAL, SC R3 & R4 BY GOVT. PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 33889 of 2011(I) APPENDIX PETITIONERS' EXHIBITS EXT.P-1 COPY OF THE VEHICLE PASS ISSUED FOR THE TRANSPORTATION OD DRUDGED MATERIALS FROM THE PORT, ISSUED BY THE 3RD RESPONDENT DATED 23-9-2011. EXT.P-3 COPY OF THE JUDGEMENT DATED, 20-9-2011 IN WPC NO.23810/2011 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE. dlk ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33889 of 2011 ---------------------------------------- Dated this the 19th day of December, 2011 JUDGMENT The grievance of the petitioner 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 W.P.C. No. 33889 OF 2011 -2- 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, 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 the respondents 1 to 3 is 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/-