IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31152 of 2011(T) -------------------------- PETITIONERS: ------------ 1. C.Y. SAKEER, CHERODATH HOUSE, THOTTUMUGHAM, ALUVA, ERNAKULAM (REG. OWNER OF KL-17-D-1774) 2. PRAVEEN.E.V, EDAVANA HOUSE, CHOONDAL.P.O, THRISSUR (REG. OWNER OF KL-46-B-9508) 3. JIL JOSE, CHALAKKAL HOUSE, MULLASSERY.P.O, (THRISSUR, REG. OWNER OF KL-39-2942) BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS: ------------ 1. THE PORT CONSERVATOR, OFFICE OF THE PORT CONSERVATOR (PORT AND SHIPPING) PONNANI HARBOR, PONNANI.P.O, MALAPPURAM DISTRICT - 679 583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI.P.O, MALAPPURAM DISTRICT - 679 583. 3. THE STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 4. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SRI. C.M. MOHAMMED IQBAL, SC R3 & R4 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 31152 of 2011(T) APPENDIX PETITIONER(S) EXHIBITS EXHIIBT-P1-COPY OF THE RC OF THE VEHICLE BEARING REG. NO. KL 17 D 1774 OWNED BY THE IST PETITIONER. EXHIBIT-P2-COPY OF THE RC OF THE VEHICLE BEARING REG. NO. KL 46 B 9508 OWNED BY THE 2ND PETITIONER EXHIBIT-P3-COPY OF THE RC OF THE VEHICLE BEARING REG. NO. KL 39 2942 OWNED BY THE 3RD PETITIONER. EXHIBIT-P4-COPY OF THE PORT SAND PERMIT ISSUED BY THE IST RESPONDENT. EXHIBIT-P5-COPY OF THE CASH BILL ISUSED BY THE 2ND RESPONDENT. EXHIBIT-P6-COPY OF THE SEIZURE MAHAZAR DATED 04/08/2011 EXHIBIT-P7-COPY OF THE JUDGMENT IN W.P(C) 30683/2010 DATED 08.08.2011 EXHIBIT-P8-COPY OF THE JUDGMENT IN W.P(C) 22273/2011 DATED 23.08.2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE dlk ANTONY DOMINIC, J ....................................................... W.P.(C).31152/2011 .............................................. Dated this the 23rd day of November, 2011 JUDGMENT 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 W.P.(C).31152/11 2 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 first and second respondents are 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 mrcs