IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 33409 of 2011(A) -------------------------- PETITIONER(S): --------------- 1. SATHEESH, S/O. KUTTIKRISHNAN, PARAPPURATH HOUSE, ESWARAMANGALAM.P.O, PONNANI, MALAPPURAM DISTRICT - 679 577 RC OWNER OF KL 08 C 8082 2. RAGHUNATHAN, S/O. PAPPU, 07/217, PALLIYIL HOUSE, EDAPPAL.P.O, MALAPPURAM DISTRICT, PIN - 679 576 RC OWNER OF KL 10 P 1558 BY ADV. SRI.K.R.AVINASH (KUNNATH) SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): --------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PONNANI.P.O, MALAPPURAM DISTRICT - 679 586. 2. THE PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI.P.O, MALAPPURAM DISTRICT - 679 586. 3. STATE OF KERALA, REPRESENRED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 SRI.C.M.MOHAMMED IQBAL, SC FOR R1 GOVT.PLEADER SRI.MOHAMMD SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33409/11 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-08 C 8082 OWNED BY THE 1ST PETITIONER. EXT.P2: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-10-P-1558 OWNED BY THE 2ND PETITIONER. EXT.P3: TRUE COPY OF THE PERMIT ISSUED TO VEHICLE OF THE 1ST PETITIONER. EXT.P4: TRUE COPY OF THE PERMIT ISSUED TO VEHICLE OF THE 2ND PETITIONER. EXT.P5: TRUE COPY OF THE VEHICLE PASS ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER'S VEHICLE. EXT.P6: TRUE COPY OF THE CASH MEMORANDUM ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER'S VEHICLE. EXT.P7: TRUE COPY OF THE JUDGMENT OF this COURT IN WPC 23810/11. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 33409 OF 2011 ===================== Dated this the 14th 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 WP(C) Nos.23810 & 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 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. WPC No.33409/11 :2 : 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 WP(C) No.25659/11 was filed, which was also disposed of by 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 1st respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. ANTONY DOMINIC, JUDGE Rp