IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 29645 of 2011(E) ---------------------------------- PETITIONER(S): -------------------- 1. MUNEER, S/O.MOITHUNNI HAJI, AGED 40 YEARS, AMBALATH VEETTIL,PURAMNGU P.O., PIN 679584, MARANCHERI VILLAGE,PONNANI TALUK, MALAPPURAM DISTRICT. (OWNNER OF LORRY BEARING REGISTRATION NO.KL-54-6592). 2. MANOJ KUMAR, S/O.PADMANABHAN, AGED 41 YEARS, KOTTAMTHARAYIL, KANJIRAMUKKU, MARANCHERI VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT.(OWNNER OF LORRY BEARING REGISTRATION NO.KL-07-N-7250). 3. RADHAKRISHNAN, S/O.APPU NAIR, AGED 56 YEARS, KAVUNGAL HOUSE, EZHUVATHURUTH P.O., PONNANI TALUK,MALAPPURAM DISTRICT.(OWNNER OF LORRY BEARING REGISTRATION NO.KL-08-L-2707). 4. BARATHAN, S/O.PANGU, AGED 50 YEARS, NEETTATHIL HOUSE, VELIYANGODU P.O., PONNANI TALUK,MALAPPURAM DISTRICT.(OWNNER OF LORRY BEARING REGISTRATION NO.KL-10-D-2170). 5. DEVAN, S/O.KORUNNI, AGED 30 YEARS, THEKKEKKARA HOUSE, PURAVU P.O., MARANCHERI VILLAGE PONNANI TALUK,MALAPPURAM DISTRICT.(OWNNER OF LORRY BEARING REGISTRATION NO.KL-11-K-8973). 6. VIOND, S/O.KRISHNANKUTTY, AGED 32 YEARS, PAKKATH HOUSE, PONNANI P.O., PONNANI TALUK, MALAPPURAM DITRICT. (OWNNER OF LORRY BEARING REGISTRATION NO.KL-05-A-180). 7. GIREESHKUMAR, S/O.PRABHAKARAN, AGED 32 YEARS, PATHIRAVALAPPIL HOUSE,PONNANI P.O., PONNANI TALUK, MALAPPURAM DISTRICT,(OWNNER OF LORRY BEARING REGISTRATION NO.KL-10-W- 4611). BY ADV. SRI.P.M.ZIRAJ svs .........2/-... ...2... WPC. NO.29645/2011 RESPONDENT(S): -------------------- 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI PO, MALAPPURAM DISTRICT, PIN 679583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI PO, MALAPPURAM PIN 679583. 3. PURATHUR GRAMA PANCHAYATH, PURATHUR P.O., PIN 676102, THRISSUR-2, MALAPPURAM DISTRICT REPRESENTED BY SECRETARY. 4. DIRECTOR GENERAL POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1. 5. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT SECRETARIATY, THIRUVANANTHAPURAM-1. R2 BY ADV. SRI. C.M.MUHAMMED IQBAL, SC. R4 & R5 BY GOVT. PLEADER SRI.MUHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 29645/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONER'S VEHICLE BEARING NO.KL-54-6592. P2: COPY OF THE REGISTRATION CERTIFICATE OF THE SECOND PETITIONER'S VEHICLE BEARING NO.KL-07-N-7250. P3: COPY OF THE REGISTRATION CERTIFICATE OF THE THIRD PETITIONER'S VEHICLE BEARING NO.KL-08-L-2707. P4: COPY OF THE REGISTRATION CERTIFICATE OF THE FOURTH PETITIONER'S VEHICLE BEARING NO.KL-10-D-2170. P5: COPY OF THE REGISTRATION CERTIFICATE OF THE FIFTH PETITIONER'S VEHICLE BEARING NO.KL-11-K-8973. P6: COPY OF THE REGISTRATION CERTIFICATE OF THE SIXTH PETITIONER'S VEHICLE BEARING NO.KL-05-A-180. P7: COPY OF THE REGISTRATION CERTIFICATE OF THE SEVENTH PETITIONER'S VEHICLE BEARING NO.KL-10-W-4611. P8: COPY OF THE PORT SAND PERMIT ISSUED BY THE FIRST RESPONDENT DATED 8.9.2010. P9: COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE SECOND RESPONDENT DATED 8.9.2010. P10: COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE PURATHUR KSHEEROLPADAKA CO-OP.SOCIETY LIMITED, PURATHUR DATED 20.09.2011. P11: COPY OF THE GO DATED 11.11.2010 ISSUED BY FIFTH RESPONDENT IN NO.58289/P3/2010/REVENUE. P12: COPY OF THE JUDGMENT DATED 25.10.2011 IN WPC. NO.28450/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ================ W.P.(C) NO. 29645 OF 2011 ===================== Dated this the 8th day of November, 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 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 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. WPC No. 29645/11 :2 : 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. 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. ANTONY DOMINIC, JUDGE Rp