IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29585 of 2011(W) ----------------------------------------- PETITIONER(S): ------------------------- 1. SHAJU, AGED 26, S/O. NARAYANAN, PALLATHARAVALAPPIL, EASWARAMANGALAM.P.O. EZHUVATHIRUTHY, PONNANI, MALAPPAURAM DISTRICT. 2. ANEESH, AGED 26, S/O. RAMACHANDRAN, KODOOR HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM-679 577. 3. VINOD, AGED 26 YEARS, S/O. KUMARAN, PADIYATHU HOUSE, PONNANI, MALAPPURAM-679 577. 4. SUJESH, AGED 27, S/O. VASU, UKKANDATHIL HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM-679 577. 5. NASEER.P., AGED 38, S/O. HUSSAIN, POOLAKKAL HOUSE, PONNANI, MALAPPURAM. 6. SHANI, AGED 26, S/O. CHINNAN NAIR, PUTHENVEETTIL HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM-679577. BY ADV. SRI.PRAVEEN K. JOY SMT.RENJINI RAVEENDRAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, (REVENUE DEPARTMENT), SECRETARIAT, TRIVANDRUM-695 001. 2. THE PORT CONSERVATOR, OFFICE OF THE PORT CONSERVATOR, PORT & SHIPPING, PONNANI-HARBOUR, PONNANI.P.O.,PIN-679 583. 3. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI.P.O.-679 583, MALAPPURAM DISTRICT. R1 & R2 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH R3 BYADV. SRI.C.M.MOHAMMED IQUABAL,SC,PONNANI MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.29585/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT DATED 8/8/2011 IN WP(C)NO.30683/2010 OF THIS HONOURABLE COURT. P2 COPY OF THE CERTIFICATE OF REGISTRATION OF KL- 14A -6358 P3 COPY OF THE REGISTRATION CERTIFICATE OF KL- 06-1603 P4 COPY OF THE REGISTRATION CERTIFICATE OF KL- 05-A-1776 P5 COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE OF KL- 08-D-6453 P6 COPY OF THE CERTIFICATE OF REGISTRATION KL- 08-W-9025 P7 COPY OF THE CERTIFICATE OF REGISTRATION K-10 S-423 P8 COPY OF THE VEHICLE KL 14A 6358 BY THE RESPONDENT ISSUED TO 1ST PETITIONER BY PASS DATED 30/10/2011. P9 COPY OF THE PASS DATED 22/8/2011 ISSUED TO THE VEHICLE KL-06-1603. P10 COPY OF THE PASS DATED 29/10/2011 OF VEHICLE KL-05-A-1776 P11 COPY OF THE JUDGMENT IN WP(C)NO.23818/2011 DATED 26/9/2011 P12 COPY OF THE JUDGMENT DATED 3/10/2011 IN WP(C)NO.25659/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 29585 of 2011 W ``````````````````````````````````````````````````````````` Dated this the 4th day of November, 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.29585/2011 : 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.29585/2011 : 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 3rd respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- (ANTONY DOMINIC, JUDGE) aks/04/11 // True Copy // P.A. To Judge