IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32487 of 2011(I) ------------------------------------ PETITIONERS: ------------------- 1. PRASAD,S/O.UMESAN,AGED 30 YEARS, KONNAMUCHI P.O,PIN 680504,CHOONDAL DESOM, CHOONDAL VILLAGE, THALAPPALLY TALUK, THRISSUR DISTRICT (ONWER OF LORRIES BEARING REGISTRATION NO.KL-17-259, KL-17-A-8471) 2. SASIKUMAR,S/O.GOVINDAN,AGED 41 YEARS, PALLISSERY HOUSE,KARIKKAD P.O,PORAVOOR DESOM, KARIKKAD VILLAGE, MALLAPPILLY TALUK, THRISSUR DISTRICT (OWNER OF LORRIES BEARING REGISTRATION NO.KL-17-B-2290,AND KL-08-AC-2498) 3. SAIDALAVI,S/O.MOHAMMED,AGED 50 YEARS, KANNANPARAMBIL HOUSE,KADAKASSERY,THAVANOOR DESOM, PONNANI TALUK, MALAPPURAM DISTRICT (ONWER OF LORRY BEARING REGISTRATION NO.KL-17-B-2665) 4. RASHEED,S/O.KUNJAPPU,AGED 36 YEARS, EDAYATH HOUSE,KOORATTIKKARA DESOM,KORATTIKARA P.O, THALAPPALLY TALUK, THRISSUR DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-10-R-9857) 5. JOBI C.K,S/O.KRISHNAN,AGED 28 YEARS, CHANAYIL HOUSE,PORKULAM P.O,PORKULAM DESOM, MALLAPPILLY TALUK,THRISSUR DISTRICT.(OWNER OF LORRY BEARING REGISTRATION NO.KL-2-S-3980). 6. JOBI C.K,S/O.KRISHNAN,AGED 28 YEARS, CHANAYIL HOUSE,PORKULAM P.O,PORKULAM DESOM, MALLAPPILLY TALUK,THRISUR DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-8-Y-6027) 7. RAJU,S/O.PATHROSE,AGED 35 YEARS, MARATT HOUSE,7/672F,KANNARA P.O, THRISSUR DESOM,THRISSUR TALUK, THRISSRU DISTRICT (OWNER OF LORRY BEARING REGISTRATION NO.KL-5-S-6211) BY ADV. SRI.P.M.ZIRAJ contd..2 -2- RESPONDENT(S): --------------- 1. THE PORT CONSERVATOR,OFFICE OF PORT CONSERVATOR,PORT AND SHIPPING,PONNANI HARBOUR PONNANI P.O, MALAPPURAM DISTRICT, PIN 679 583. 2. PURATHUR GRAMA PANCHAYATH,PURATHUR P.O, PIN 676 102,THRISSUR-2,MALAPPURAM DISTRICT REPRESENTED BY SECRETARY. 3. PONNANI MUNICIPALITY,REPRESENTED BY ITS SECRETARY,PONNANI MUNICIPALITY,REPRESENTED BY ITS SECRETARY,PONNANI, MUNICIPALITY,PONNANI P.O, MALAPPURAM PIN 679 583. 4. DIRECTOR GENERAL POLICE,POLICE HEAD QUARTERS,THIRUVANANTHAPURAM -1. 5. STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -1. R3 BY ADV.C.M.MOHAMMED IQBAL, SC R4 & R5 BY GOVT.PLEADER MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 32487 OF 2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1. TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONERS VEHICLE BEARING NO. KL-17-259. EXHIBIT P2. TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONERS VEHICLE BEARING NO. KL-17A-8471. EXHIBIT P3. TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SECOND PETITIONERS VEHICLE BEARING NO. KL-17B-2290 EXHIBIT P4.TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONERS VEHICLE BEARING NO. KL-08-AC-2498 EXHIBIT P5. TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE THIRD PETITIONERS VEHICLE BEARING NO. KL-17B-2665. EXHIBIT P6. TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FOURTH PETITIONERS VEHICLE BEARING NO. KL-10R-9857 EXHIBIT P7. TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIFTH PETITIONERS VEHICLE BEARING NO. KL-2S-3980 EXHIBIT P8. TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SIXTH PETITIONERS VEHICLE BEARING NO. KL-8Y-6027 EXHIBIT P9.TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE SEVENTH PETITIONERS VEHICLE BEARING NO. KL-5S-6211 EXHIBIT P10.A TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE FIRST RESPONDENT DATED 24.1.2011. EXHIBIT P11. A TRUE COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE PURATHUR KSHEEROLPADAKA CO-OPERATIVE SOCIETY LIMITED DATED 20.09.2011. EXHIBIT P12.A TRUE COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE THIRD RESPONDENT DATED 24.1.2011. EXHIBIT P13.A TRUE COPY OF THE GO DATED 11.11.2010 ISUED BY FIFTH RESPONDENT IN NO.58289/P3/2010/REVENUE. EXHIBIT P14.TRUE COPY OF THE JUDGMENT DATED 25.10.2011 IN WPC NO.28450/2011. RESPONDENTS' EXHIBITS : NIL \TRUE COPY\\ PA TO JUDGE JM ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32487 of 2011 I ``````````````````````````````````````````````````````````` Dated this the 9th 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 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.32487/2011 : 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.32487/2011 : 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/12/12 // True Copy // P.A. To Judge