IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34813 of 2011(B ------------------------------------- PETITIONERS: --------------------- 1. SHAHEER, SON OF ABDUL RAHIMAN, AGED 37 YEARS, RESIDING AT NADUVILAPPAT RAMT, ANDATHODU P.O., PANNIYYORKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT (OWNER OF LORRIES BEARING REGISTRATION NOS. KL-46-6357 AND KL-46-D-5886) 2. DINESHAN, SON OF ACHUTHAN, AGED 29 YEARS, MANJERI HOUSE, MOOKKUTHAL, NANNAMUKKU, PONNANI TALUK, MALAPPURAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NOS. KL-11-X-1072) 3. NOUSHAD, SON OF KUNJUMON, AGED 32 YEARS, PULIYANJALIL HOUSE, PONNANI, PERUMPADAPPU P.O., PONNANI TALUK, MALAPPURAM DISTRICT (OWNER OF LORRY BEARING REGISTRATION NOS. KL-54-7130) BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------------------ 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI P.O., MALAPPURAM DISTRICT, PIN: 679583 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI P.O., MALAPPURAM DISTRICT, PIN: 679583 3. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT, PIN: 679583 R3 BY SR. GOVT. PLEADER MOHAMMED SHAH BY ADV. SRI. MUHAMMED IQBAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DST WP(C).NO. 34813/ 2011 APPENDIX PETITIONERS' EXHBITS: EXT. P1: COPY OF THE JUDGEMENT OF THIS HONORABLE COURT DATED 09.11.2011 IN W.P. © NO. 27676 OF 2011 RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE DST ANTONY DOMINIC, J ....................................................... W.P.(C).34813/2011 .............................................. Dated this the 23rd day of December, 2011 JUDGMENT The prayer sought in this writ petition reads as under: (i). Issue a writ of mandamus, or any other writs, orders or directions, directing the second respondent to allot load of sand whether it is River sand or port sand to the vehicles of the petitioners from the Kadavu situated within the limits of second respondent with pass without any discrimination from the vehicles which registered with the second respondent. (ii). Declare that the customers can choose the vehicle for transportation of sand and second respondent has no roll in it.” 2. In W.P.(C).27676/2011 a statement was filed by the Municipality wherein it was mentioned that the Municipality was issuing passes based on the Circular dated 6.9.2011 issued by the District Collector. That writ petition was disposed of with the following direction :- W.P.(C).34813/11 2 “Thus according to the Municipality permits will be issued to all vehicles without insisting on the registration of the vehicles in the Ponnani Municipality. Recording the submissions, this writ petition is closed.” 3. Since the issue raised in this writ petition is also similar, it is clarified that the petitioners herein will also be entitled to the benefit of the aforesaid directions in the judgment in W.P.(C). 27676/2011. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs