IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30173 of 2011(V) -------------------------- PETITIONER(S): ----------------------- 1. HASSAN, AGED 42, S/O.MOHAMMED, PADINHARAYIL, EASWARAMANGALAM P.O, OWNER OF VEHICLE KL-60 A9784, PONNANI, MALAPPURAM DT. 2. PRASANNA, AGED 49, W/O.SUNDARAM, W/318, CHERIYIL HOUSE, OWNER OF VEHICLE KL-04J 1081, EZHUVATHIRUTHY P.O, PONNANI, MALAPPURAM DT. 3. SUBHANYA, AGED 28, D/O.SUNDARAM, 2/318, CHERIYIL HOUSE, OWNER OF VEHICLE KL-07 AZ 4094. EZHUVATHIRUTHY P.O, PONNANI, MALAPPURAM DT. 4. MOHANDAS, AGED 47, S/O.RAVUNNI, POORADAN HOUSE, OWNER OF VEHICLE KL-07 AE 7572, EZHUVATHIRUTHY P.O, PONNANI, MALAPPURAM DT. 5. CHANDRAN, AGED 57, S/O.RAVUNNI, 6/154, POORADAN HOUSE, OWNER OF VEHICLE KL-12 A 5203. PONNANI, MALAPPURAM DT. 6. PADMINI, AGED 45, W/O.CHANDRAN, 7/140, POORRADAL HOUSE, OWNER OF VEHILCE KL 07 AQ 378, EZHUVATHIRUTHY P.O, PONNANI, MALAPPURAM DT. BY ADV. SRI.PRAVEEN K. JOY SMT.RENJINI RAJENDRAN WPC NO.30173/11 -2- RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, (REVENUE DEPARTMENT), SECRETARIATE, TRIVANDRUM 695001. 2. THE PORT CONSERVATOR OFFICE OF THE PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI PO 679583. 3. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI PO 679583. MALAPPURAM DT. GOVT.PLEADER SRI.MOHAMMED SHAH SRI.C.M.MOHAMMED IQBAL, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30173/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT DT 8.8.11 IN WPC 30683/10 OF THIS HON'BLE COURT. EXT.P2: TRUE COPY OF THE CERTIFICATE OF REGISTRATION BEARING VEHICLE NO.KL-60 A 9784. EXT.P3: TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING VEHICLENO.KL-04J 1081. EXT.P4: TRUE COPY OF CERTIFICATE OF REGISTRATION BEARING VEHICLE NO.KL-07 AZ 4094. EXT.P5: TRUE COPY OF CERTIFICATE OF REGISTRATION BEARING VEHICLE NO.KL-07 AE 7572. EXT.P6: TRUE COPY OF CERTIFICATE OF REGISTRATION BEARING VEHICLE NO.KL-12A 5203. EXT.P7: TRUE COPY OF THE CERTIFICATE OF REGISTRATION BEARING VEHICLE NO.KL-07 AQ 378. EXT.P8: TRUE COPY OF PASS DT 9.11.11 SO ISSUED TO 1ST PETITIONER VEHICLE KL-60 A 9784 BY THE RESPONDENT. EXT.P9: TRUE COPY OF PASS DT 9.11.11 ISSUED TO THE VEHICLE KL-4J 1081. EXT.P10: TRUE COPY OF PASS DT 9.11.11 OF VEHICLE KL 7 AQ 378. EXT.P11: TRUE COPY OF JUDGMENT IN WPCNO.23818/11 DT 20.9.11. EXT.P12: TRUE COPY OF THE JUDGMENT DATED 20.10.11 IN WPC NO.25659/11 OF THIS HON'BLE COURT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30173 OF 2011 ===================== Dated this the 11th 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. 30173/11 :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 3rd respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. ANTONY DOMINIC, JUDGE Rp