IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 WP(C).No. 32231 of 2011(D) ----------------------------------------- PETITIONER(S): ------------------------ HAMSA, S/O.BAVA, AGED 37 YEARS, KURIKKALAKATH HOUSE, PONNANI, SOUTH PONNANI PO, MALAPPURAM DT. (RC OWNER OF KL-54-386 GOODS VEHICLE). BY ADV. SRI.C.S.RAMANATHAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, O/O.DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, TRIVANDRUM-695 001. 3. THE PORT CONSERVATOR, O/O. PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT-679 583. 4. PONNANI MUNICIPALITY REPRESENTED BY SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM-679 583. R1 & R2 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH R4 BY ADV. SRI. C.M.MOHAMMED IQBAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32231/2011 D APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- PHOTOCOPY OF THE ORDER DATED 11.11.2010 ISSUED BY THE IST RESPONDENT. EXHIBIT P2- PHOTOCOPY OF THE JUDGEMENT DATED 8.8.2011 IN WPC 30683/2010 OF THIS HONOURABLE HIGH COURT. EXHIBIT P3- PHOTOCOPY OF THE JUDGEMENT DATED 20.9.2011 IN WP(C) 23810/2011 AND CONNECTED WRIT PETITION OF THIS HONOURABLE HIGH COURT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32231 of 2011 D ``````````````````````````````````````````````````````````` Dated this the 3rd day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 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 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.32231/2011 : 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.32231/2011 : 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 fourth respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- (ANTONY DOMINIC, JUDGE) aks/03/12 // True Copy // P.A. To Judge