IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 28450 of 2011(E) ----------------------- PETITIONER : -------------------- 1. SHAHUL HAMEED, S/O. ABUBACKER, AGED 41 YEARS, KIZHAKKETHIL HOUSE, KARIKKAD P.O., PIN - 680 519, THALAPPILY TALUK, THRISSUR DISTRICT. (OWNER OF LORRIES BEARING REGISTRATION NOS. KL-48/4641 AND KL-8-AC-973) 2. SIJOY, S/O. CHACKO, AGED 42 YEARS, CHEERAN HOUSE, NEDUPUZHA P.O., NEDUPUZHA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO KL-8-AN-1701) 3. BAVA T.M., S/O. MUHAMMED, AGED 39 YEARS, THERAMANGALATH TALUK, PALAKKAD DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO KL-9-Q-1030) 4. RAMAKRISHNAN, S/O. RADHAKRISHNAN, AGED 48 YEARS, PADIYAMKATTIL HOUSE, KUNDANNOOR P.O., THALAPPILLY VILLAGE, TALAPPILY TALUK, THRISSUR DISTRICT, OWNER OF LORRY BEARING REGISTRATION NO KL-17-A-3535. 5. CHANDRAN K.A., S/O. AYYAPPAN, AGED 45 YEARS, KUNDUPARAMBIL HOUSE, PERUMBILAVU P.O., KARIKKAD DESOM, KARIKKAD VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT OWNER OF LORRY BEARING REGISTRATION NO KL-48-2060 6. SHAJI, S/O. KAMMU, AGED 36 YEARS, KINANITTINKALPARAMBIL HOUSE, V.P. PURAM, THRIPRAMGODU DESOM, THRIPRAMGODU VILLGE, THIRUR TALUK, MALAPPURAM DISTRICT, OWNER OF LORRY BEARING REGISTRATION NO KL-7-L/1407 7. ZAINUDHEEN, S/O. MOHAMMED, AGED 36 YEARS, PERUMBILLI HOUSE, UNDATHODU P.O., PUNNAYOORKULAM, CHAVAKKAD TALUK, THRISSUR DISTRICT OWNER OF LORRIES BEARING REGISTRATION NOS. KL/12/B/325 AND KL/17C/5740) ...2/- WP(C).No. 28450 of 2011(E) -2- 8. AZEEZ, S/O. BEERAN, AGED 30 YEARS, NAMBRAVEETTIL HOUSE, PONNANI P.O., THRIKKAVU DESOM, PONNANI VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT OWNER OF LORRY BEARING REGISTRATION NO KL/2/A/5936 9. ABDUL MUTHALIB, S/O. SULEKHA, AGED 32 YEARS, KADAPURATH HOUSE, PURANGU P.O., PONNANI DESOM, PONNANI VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO KL-06-5508) 10. MANI, S/O. KARAPPAN, AGED 45 YEARS, KAILASAMKULATHIL, PONNANI P.O., MALAPPURAM (OWNER OF LORRY BEARING REGISTRATION NO KL-7-H-4824.) 11. AYISHA BEEVI, W/O. ISMAIL, AGED 60 YEARS, KALIYARAKATH HOUSE, EZHUVATHIRUTHY, PONNANI TALUK, MALAPPURAM (OWNER OF LORRY BEARING REGISTRATION NO KL-13-R-3899) 12. LATHEEF, S/O. ABU, AGED 40 YEARS, KARYADATH HOUSE, AKALAD P.O., PUNNAYOOR VILLAGE, CHAVAKKAD TALUK, THRISSUR (OWNER OF LORRY BEARING REGISTRATION NO KL-10-W-3620.) 13. DILEEP, S/O. APPU, AGED 28 YEARS, 41/131 (13/196) KORATTIYIL HOUSE, BIYYAM P.O., PONNANI, MALAPPURAM DISTRICT, (OWNER OF LORRIES BEARING REGISTRATION NOS. KL-07-D-3922 AND KL-11-B-3800) 14. RAJESH M.C., AGED 26 YEARS, S/O. CHANDRAN, MARILAVALAPPIL HOUSE, EZHUVATHIRUTHI P.O., PONNANI, MALAPPURAM DISTRICT. (OWNER OF A LORRY BEARING REGISTRATION NO KL-45-8813) 15. APPU, S/O. THAMU, AGED 65 YEARS, KORATTIYIL HOUSE, EZHUVATHURUTHI, PONNANI, MALAPPURAM DISTRICT. (OWNER OF A LORRY BEARING REGISTRATION NO KL-02-U-4874) 16. SHAMSU C.M., SON OF MOHAMMED, AGED 28 YEARS, CHEMBALAKKATTIL HOUSE, PORKULAM (P.O.), PORKULAM VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.M.ZIRAJ ...3/- WP(C).No. 28450 of 2011(E) -3- RESPONDENT(S): -------------------------- 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI P.O., MALAPPURAM DISTRICT, PIN 679 583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM, PIN 679 583. 3. PURATHUR GRAMA PANCHAYATH, PURATHUR P.O., PIN 676102, THRISSUR - 2, MALAPPURAM DISTRICT REPRESENTED BY SECRETARY. 4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1. 5. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 1. R4 & R5 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE R2 BY ADV. SRI. MOHAMMED IQBAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...4/- WP(C).No. 28450 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONER'S VEHICLE BEARING NOS. KL-48-4641 AND KL-8-AC-973. EXT.P2 : COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONER'S VEHICLE BEARING NO.KL-8-AC-973. EXT.P3 : COPY OF THE REGISTRATION CERTIFICATE OF THE SECOND PETITIONER'S VEHICLE BEARING NO.KL-8-AN-1701. EXT.P4 : COPY OF THE REGISTRATION CERTIFICATE OF THE THIRD PETITIONER'S VEHICLE BEARING NO.KL-9Q-1030. EXT.P5 : COPY OF THE REGISTRATION CERTIFICATE OF THE FOURTH PETITIONER'S VEHICLE BEARING NO.KL-17-A-3535. EXT.P6 : COPY OF THE REGISTRATION CERTIFICATE OF THE FIFTH PETITIONER'S VEHICLE BEARING NO.KL-48-2060. EXT.P7 : COPY OF THE REGISTRATION CERTIFICATE OF THE SIXTH PETITIONER'S VEHICLE BEARING NO.KL-7-L-1407. EXT.P8 : COPY OF THE REGISTRATION CERTIFICATE OF THE SEVENTH PETITIONER'S VEHICLES BEARING NO.KL-12-B-325. EXT.P9 : COPY OF THE REGISTRATION CERTIFICATE OF THE SEVENTH PETITIONER'S VEHICLES BEARING NO.KL-7-C-5740. EXT.P10 COPY OF THE REGISTRATION CERTIFICATE OF THE EIGHTH PETITIONER'S VEHICLE BEARING NO.KL-02-A-5936. EXT.P11 COPY OF THE REGISTRATION CERTIFICATE OF THE NINETH PETITIONER'S VEHICLE BEARING NO.KL-06-5508. EXT.P12 COPY OF THE REGISTRATION CERTIFICATE OF THE TENTH PETITIONER'S VEHICLE BEARING NO.KL-7-H-4824. EXT.P13 COPY OF THE REGISTRATION CERTIFICATE OF THE ELEVENTH PETITIONER'S VEHICLE BEARING NO.KL-13-R-3899. EXT.P14 COPY OF THE REGISTRATION CERTIFICATE OF THE TWELFTH PETITIONER'S VEHICLE BEARING NO.KL-10-W-3620. (Contd...) WP(C).No. 28450 of 2011(E) EXT.P15 COPY OF THE REGISTRATION CERTIFICATE OF THE THIRTEENTH PETITIONER'S VEHICLE BEARING NO.KL-07-D-3922. EXT.P16 COPY OF THE REGISTRATION CERTIFICATE OF THE THIRTEENTH PETITIONER'S VEHICLE BEARING NO.KL-11-B-3800. EXT.P17 COPY OF THE REGISTRATION CERTIFICATE OF THE FOURTEENTH PETITIONER'S VEHICLE BEARING NO.KL-45-8813. EXT.P18 COPY OF THE REGISTRATION CERTIFICATE OF THE FIFTEENTH PETITIONER'S VEHICLE BEARING NO.KL-02-U-4874. EXT.P19 COPY OF THE PORT SAND PERMIT ISSUED BY THE FIRST RESPONDENT DATED 8.9.2010. EXT.P20 COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE SECOND RESPONDENT DATED 8.9.2010 EXT.P21 COPY OF THE CASH BILL FOR THE PORT SAND PERMIT DATED 20.9.2011. EXT.P22 COPY OF THE GO DATED 11.11.2010 ISSUED BY FIFTH RESPONDENT IN NO. 58289/P3/2010/REVENUE. EXT.P23 COPY OF THE JUDGMENT IN WPC NO. 30683/2010 DATED 8.8.2011 OF THE DIVISION BENCH OF THIS HONOURABLE COURT. EXT.P24 COPY OF THE JUDGMENT IN WPC NO. 22273/2011 DATED 23.8.2011 OF THE DIVISION BEN OF THIS HONOURABLE COURT. EXT.P25 COPY OF THE JUDGMENT DATED 17.10.2011 IN WPC 26799/2011 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ================ W.P.(C) NO. 28450 OF 2011 ===================== Dated this the 25th 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 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 WPC No. 28450/11 :2 : 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. 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