IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 23810 of 2011(A) -------------------------------------- PETITIONER(S): ------------------------ 1. ALI,S/O.HUSSAIN,AGED 33 YEARS, RAYINTAKATH HOUSE,PONNANI SOUTH,PONNANI.P.O, MALAPPURAM DISTRICT,(RC OWNER OF KL-27/6911). 2. UMMER.R,AGED 36 YEARS,RAYINTE HOUSE, T B HOSPITAL ROAD,PONNANI SOUTH,PONNANI.P.O, MALAPPURAM DISTRICT,(RC OWNER OF KL-54/9431) 3. C.REMESH BABU,S/O.KRISHNANKUTTY, AGED 43 YEARS,CHEMBRA HOUSE,KADAVANAD.P.O, PONNANI VIA,MALAPPURAM DISTRICT,(RC OWNER OF KL-54/2267). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): ------------------------ 1. THE PORT CONSERVATOR,OFFICE OF PORT CONSERVATOR,PORT AND SHIPPING,PONNANI HARBOUR, PONNANI.P.O,MALAPPURAM DISTRICT,PIN-679583. 2. PONNANI MUNICIPALITY,REP.BY ITS SECRETARY,PONNANI MUNICIPALITY,PONNANI.P.O, MALAPPURAM DISTRICT,PIN-679583. 3. DIRECTOR GENERAL POLICE,POLICE HEAD QUARTERS,THIRUVANANTHAPURAM-695001. 4. STATE OF KERALA,REPRESENTED BY ADDL. CHIEF SECRETARY TO GOVERNMENT, REVENUE(P), DEPT.,GOVT.SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. R2 BY ADV. SRI.C.M.MOHAMMED IQBAL R4 BYSR. GOVT. PLEADER SMT. M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, ALONG WITH WPC NO. 23818 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23810/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RC OF THE VEHICLE BEARING NO.KL-27/6911 DATED 12-5-2011. EXT.P2: TRUE COPY OF RC OF THE VEHICLE BEARING REG.NO.KL-54/9431 DATED 2.7.08. P2(a):- COPY OF THE RC OF THE VEHICLE BEARING REG. NO.KL-54/2267 DTD. 1`8.12.06. EXT.P3: TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE IST RESPONDENTS TO THE 2ND PETITIONER,DATED 24-1-2011. EXT.P4: TRUE COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 24-1-2011. EXT.P5: TRUE COPY THE GO DATED 11-11-10 ISSUED BY THE REVENUE DEPT.IN NO.58289/P3/2010/REVENUE. EXT.P6: TRUE COPY OF THE SEIZURE MAHASAR DATED 4-8-11 ISSUED BY THE POLICE. EXT.P7: TRUE COPY OF THE JUDGMENT IN WPC 30683/2010 DATED 8-8-2011 OF THE DIVISION BENCH. EXT.P8: TRUE COPY OF THE JUDGMENT IN WPC 22273/11 DATED 23-8-2011 OF DIVISION BENCH. RESPONDANT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) Nos.23810 & 23818 of 2011 ``````````````````````````````````````````````````````````` Dated this the 20th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Main prayer sought in these writ petitions reads as follows:- “Issue a writ of mandamus directing respondents 1 and 2 to delete the condition imposed in the port sand pass/ permit restricting the transportation of the port sand only in Malappuram district (“valid only Malappuram district”) and direct them to issue permit to the areas outside Malappuram District.” 2. 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 W.P.(C) No.23810&23818/2011 : 2 : 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. 3. 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. Sd/- (ANTONY DOMINIC, JUDGE) aks/20/09 // True Copy // P.A. To Judge