IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 WP(C).No. 13888 of 2008(C) -------------------------- PETITIONER: ------------ KUNNOTH MOIDU, S/O.CHOKRU HAJI AGED 50 YEARS, TRADER, RESIDING AT MAJILIS KATAMERI AMSOM DESOM, POST KATAMERI VATAKARA TALUK, KOZHIKODE DISTRICT, KERALA STATE BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENTS: ------------- 1. PERINCHERI KADAVU COMMITTEE - WITH ADDRESS FOR SERVICE - PRESIDENT THIRUVALLUR GRAMA PANCHAYAT, POST THIRUVALLUR. 2. SECRETARY THIRUVALLUR GRAMA PANCHAYAT, POST THIRUVALLUR 3. STATE OF KERALA WITH ADDRESS FOR SERVICE SECRETARY, LOCAL ADMINISTRATION, TRIVANDRUM. BY ADV. SRI.T.SETHUMADHAVAN FOR R2 SRI.K.JAYESH MOHANKUMAR FOR R2 G.P.SRI.T.B.HOOD FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.13888/2008 APPENDIX PETITIONER'S EXHIBITS: EXTS.P1 TO P7 TRUE COPIES OF PASSES ISSUED BY R2 TO THE WRIT PETITIONER REVALIDATED FOR transport UP TO 30.4.08. EXT.P8 COPY OF THE REQUEST TO R1 BY THE WRIT PETITIONER DTD 25TH APRIL, 2008. EXT.P9 COPY OF THE REQUEST MADE TO R2 BY THE WRIT PETITIONER DTD 25.4.08. EXTS.P10 & P11 COPY OF THE RECEIPTS BY COURIER AGENCY SHOWING DISPATCH OF EXTS.P8 & P9. /TRUE COPY/ cl P.N. RAVINDRAN, J. --------------------------------------------------------------- W.P.(C).NO.13888 OF 2008-C -------------------------------------------------------------- Dated this the 13th day of May, 2008. JUDGMENT Heard the learned counsel appearing for the petitioner and Sri.T. Sethumadhavan the learned standing counsel appearing for the second respondent. The second respondent has sworn to a counter affidavit stating that passes have been issued to the petitioner only in respect of 180 tons and not 1800 tons of sand as claimed by him, that the petitioner has already removed 30 tons of sand as per the transport token issued on 31.3.2008, that the balance sand could not be made available since sand mining could not be done due to bad weather conditions for the past two months and that as and when the situation improves, balance 150 tons of sand will also be made available to the petitioner. 2. In the light of the submissions made in the counter affidavit, no further orders are necessary in this writ petition except to direct the second respondent to honour the undertaking made by him and to make available the balance quantity of sand which the petitioner is entitled to collect and transport as and WPC.NO.13888/08 . 2 when sand is available. The writ petition is disposed of as above. P.N. RAVINDRAN, JUDGE. cl