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. 32312 of 2011(L) ----------------------------------------- PETITIONER(S): -------------------------- 1. PRATHIBHA, W/O. SASIKUMAR, AGED 28 YEARS, RESIDING AT PALLISSERY HOUSE, KARIKAD P.O., PORAVOOR DESOM, KARIKKAD VILLAGE, MALLAPPILLY TALUK, THRISSUR DISTRICT. (OWNER OF LORRY BEARING REGISTRATION NO.KL-48/B 2840). 2. PRASAD, S/O. UMESAN, AGED 30 YEARS, KONNAMUCHI P.O., PIN-680 504, CHOONDAL DESOM, CHOONDAL VILLAGE, THALAPPALLY TALUK, THRISSUR DISTRICT. (OWNER OF LORRIES BEARING REGISTRATION NO.KL-10/Q 3328). 3. JYOTHISH, S/O. KRISHNAN, AGED 26 YEARS, CHUMAYIL HOUSE, PORKULAM P.O., PORKKULAM DESOM, MALLAPPILLY TALUK, THRISSUR DISTRICT. (OWNER OF LORRIES BEARING REGISTRATION NO. KL-40/A 3451). 4. KUNJAPPAN, S/O. HASSAN, AGED 55 YEARS, KINATTINGAPARAMBIL HOUSE, VETTOM P.O., PALLIPURAM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. (OWNER OF LORRY BEARING REGISTRATION NO.KL-03/8860). 5. RASHEED, S/O. KUNJAPPU, AGED 36 YEARS, EDAYATH HOUSE, KOORATTIKKARA DESOM, KOORATTIKARA P.O., THALAPPALLY TALUK, THRISSUR DISTRICT. (OWNER OF LORRIES BEARING REGISTRATION NO.KL-10/AA 5110). 6. SASIKUMAR, S/O. GOVINDAN, AGED 41 YEARS, PALLISSERY HOUSE, KARIKAD P.O., PORAVOOR DESOM, KARIKKAD VILLAGE, MALLAPPILLY TALUK, THRISSUR DISTRICT. (OWNER OF LORRIES BEARING REGISTRATION NO.KL-08/J 5036, KL-48/3845, KL-08/AG 7909 AND KL-45/A 4564). Kss ..2/- ..2.... WPC.NO.32312/2011 L 7. SREENIVASAN, S/O. VASU, AGED 35 YEARS, RESIDING AT 2/11, PANAMUKKIL HOUSE, EZHUVATHIRUTHY, PONNANI. (OWNER OF LORRY BEARING REGISTRATION NO. KL-10/E 1222). 8. SIDDEEKHKUTTY, AGED 32 YEARS, S/O.ABDUL RAHIMAN, 12/459, MOYANTHAKKATTU HOUSE, PONNANI SOUTH P.O., MALAPPURAM DISTRICT. (OWNER OF LORRY BEARING REGISTRATION NO.KL-5/F 1472). 9. SUHARA, W/O. AHAMMED, AGED 33 YEARS, RESIDING AT PALAKKAL HOUSE, PERUMPADAPPU, MALAPPURAM DISTRICT. (OWNER OF LORRY BEARING REGISTRATION NO.KL-4/G 7718). BY ADV. SRI.P.M.ZIRAJ 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 DISTRICT, PIN-679 583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1. 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. R2 BY ADV. SRI. C.M.MOHAMMED IQBAL, SC R3 & R4 BY SR. GOVERNMENT PLEADER SMT. M.J.RAJASREE 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.32312/2011 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONER'S VEHICLE BEARING NO.KL-48/B - 2840. P2: COPY OF THE REGISTRATION CERTIFICATE OF THE SECOND PETITIONER'S VEHICLE BEARING NO.KL-10-Q/3328. P3: COPY OF THE REGISTRATION CERTIFICATE OF THE THIRD PETITIONER'S VEHICLE BEARING NO.KL-40-1-3451. P4: COPY OF THE REGISTRATION CERTIFICATE OF THE FOURTH PETITIONER'S VEHICLE BEARING NO.KL-03/8860. P5: COPY OF THE REGISTRATION CERTIFICATE OF THE FIFTH PETITIONER'S VEHICLE BEARING NO.KL-10-AA -5110. P6: COPY OF THE REGISTRATION CERTIFICATE OF THE SIXTH PETITIONER'S VEHICLES BEARING NOS.KL-08/J-5036. P7: COPY OF THE REGISTRATION CERTIFICATE OF THE SIXTH PETITIONER'S VEHICLES BEARING NOS.KL-48-3845. P8: COPY OF THE REGISTRATION CERTIFICATE OF THE SIXTH PETITIONER'S VEHICLES BEARING NOS.KL-08-AG 7909. P9: COPY OF THE REGISTRATION CERTIFICATE OF THE SIXTH PETITIONER'S VEHICLES BEARING NOS.KL-455-A-4564. P10: COPY OF THE REGISTRATION CERTIFICATE OF THE SEVENTH PETITIONER'S VEHICLE BEARING NO.KL-10-E-1222. P11: COPY OF THE REGISTRATION CERTIFICATE OF THE EIGHTH PETITIONER'S VEHICLE BEARING NO.KL-05-F 1472. P12: COPY OF THE REGISTRATION CERTIFICATE OF THE NINTH PETITIONER'S VEHICLE BEARING NO.KL-04/G-7718. P13: COPY OF THE PORT SAND PERMIT ISSUED BY THE FIRST RESPONDENT DTD. 24/01/2011. P14: COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE SECOND RESPONDENT DTD. 20/09/2011. P15: COPY OF THE GO DTD. 11/11/2010 ISSUED BY FOURTH RESPONDENT IN NO.58289/P3/2010/REVENUE. P16: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DTD. 25/10/2011 IN WPC.NO.28450/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32312 of 2011 L ``````````````````````````````````````````````````````````` Dated this the 3rd day of December, 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 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.32312/2011 : 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.32312/2011 : 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 2nd 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