IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 30474 of 2011(H) ---------------------------------------- PETITIONER(S): ----------------------- 1. AJAYAN, S/O.APPUKKUTTAN, HOUSE NO.32/22, PATTIYEKKAL HOUSE, TRIKKAVU BUS STOP, PONNANI, MALAPPURAM DISTRICT. 2. APPUKKUTTAN, S/O.THUPRAN, PATTIYEKKAL HOUSE, PONNANNI, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.MOHAMED JAMEEL RESPONDENT(S): ------------------------ 1. THE PONNANI MUNICIPALITY REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT, PIN-679 577. 2. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOR PONNANI P.O., MALAPPURAM DISTRICT, PIN-679 577. BY ADV. SRI.MOHAMMED IQBAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, ALONG WITH WPC. NO.30481 OF 2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.30474/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-05-S-596 DATED 07/10/2004. EXHIBIT P2: THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-08-9133 DATED 04/08/1990. EXHIBIT P3: THE TRUE OCPY OF THE CERTIFICATE OF REGISTRATION OF KL-04-B-8116 DATED 30/8/1994. EXHIBIT P4: THE TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 9/11/11. EXHIBIT P5: THE TRUE COPY OF THE JUDGMENT IN WPC.25187/11 DTD.23/9/11. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 30474, 30481,30532 & 30542 OF 2011 ----------------------------------------------------- Dated this the 16th day of November, 2011 J U D G M E N T The facts and the reliefs sought in all these writ petitions are similar and therefore these writ petitions are heard together and are disposed of by this common judgment. 2. 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. 3. Earlier, identically placed petitioners had approached this court by filing W.P.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 W.P.(C) Nos. 30474/11 and other con. cases :2 : 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. In that view of the matter, these writ petitions are disposed of leaving it open to W.P.(C) Nos. 30474/11 and other con. cases :3 : the second respondent to issue passes permitting transportation of the sand in question to places outside Malappuram District.” 4. Following the said judgment WPC 25659 of 2011 was filed which was also disposed of by judgment dated 3rd October, 2011. Thus the issues raised in these writ petitions are fully covered by the aforesaid judgments. 5. In that view of the matter, these writ petitions are also disposed of directing that the respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. The writ petitions are disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge