IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 26457 of 2011(F) -------------------------- PETITIONER(S): --------------- 1. UVAIS.K,S/O.MOHAMMED KUTTY, KUTTOOSAKKANAKATH HOUSE,PONNANI NAGARAM, PONNANI PO, MALAPPURAM -DT, (OWNER OF KL-10/L-1269). 2. MOHAMMED ALI.P.K,S/O.ABDUL KADER,AGED 38, POURAKKANAKATH HOUSE,PUDU PONNANI,BEEVI ROAD, PONNANI PO, MALAPPURAM DT (RC OWNER OF KL-10 U-7778). 3. MUHAMMED SHAFI.K,S/O.MOHAMMED KUTTY, AGED 28 YEARS,KUTTOOSAKKANAKATH HOUSE, PONNANI NAGARAM,AZHEEKAL,PONNANI PO, MALAPPURAM DT,PIN 679 577(RC OWNER OF KL-08/AD 5411) 4. SAIBU.P.S/O.ABOOBACKER,AGED 34, POOLAKKAL HOUSE,PONNANI NAGARAM, PONNANI PO, MALAPPURAM DT(RC OWNER OF KL-11/X 6061). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR,PORT AND SHIPPING ,PONNANI HARBOUR, PONNANI PO,MALAPPURAM DT 679 583. 2. PONNANI MUNICIPALITY,REPRESENTED BY ITS SECRETARY,PONNANI MUNICIPALITY,PONNANI PO, MALAPPURAM DT 679 583. 3. DIRECTOR GENERAL POLICE, POLICE HEAD QURARTERS,THIRUVANANTHAPURAM -1. 4. STATE OF KERALA,REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT,GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-1. R1 BY ADV. SRI. P. PARAMESWARAN NAIR, ASGI R2 BY ADV. SRI. MOHAMMED IQUABAL, SC R3 & R4 BY SR. GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 26457 of 2011(F) APPENDIX PETITIONER'S EXHIBITS : EXHIBIT P1 TRUE COPY OF THE RC OF THE VEHICLE BEARING REG.NO.KL10/L- 1269 DATED 24/5/2011 EXHIBIT P2 TRUE COPY OF RC OF THE VEHICLE BEARING REG.NO.KL-10/U-7778 DATED 22/3/2011 EXHIBIT P3 TRUE COPY OF THE RC OF THE VEHICLE BEARING REG.NO.KL-8 AD/5411 DATED 9/2/2011. EXHIBIT P4 TRUE COPY OF RC OF THE VEHICLE BEARING REG.NO.KL-11/X- 6061 DATED 28/2/2011. EXHIBIT P5 TRUE COPY OF THE PORT SAND PERMIT ISSUED BY THE IST RESPONDENT DATED 24/1/11. EXHIBIT P6 TRUE COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE 2ND RESPONDENT DATED 24/1/11. EXHIBIT P7 TRUE COPY OF THE GO DATED 11/11/10 ISSUED BY THE REVENUE DEPT. IN NO.58289/P3/2010 REVENUE. EXHIBIT P8 TRUE COPY OF THE JUGMENT IN WPC NO.30683/10 DATED 8/8/11 OF THE DIVISION BENCH. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC NO.22273/11 DATED 23/8/11 OF THE DIVISION BENCH. EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WPC NO.25187/11 DATED 23/9/11 OF THE DIVISION BENCH. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn P.R.RAMACHANDRA MENON, J ----------------------------------------- WP(C) NO. 26457 OF 2011 ------------------------------------ Dated this the 4th day of October, 2011. JUDGMENT The petitioner has approached this Court with the following prayers : I. Issue a writ of mandamus directing the respondents to permits the petitioner and their vehicles bearing Reg. Nos. KL-10/L-1269, KL-10-U/7778, KL-08/AD-5411 and KL-11/X- 6061 to transport the port sand from Malappuram District to other districts as per the choice of the consumers/customers in view of Exhibits P7, P8 and P10. II. Issue a writ of mandamus directing the respondents 1 and 2 to delete the condition imposed in the port sand pass/permit restricting the transportation of the Port sand only in Malappuram District (“valid only in Malappuram District”) and direct them to issue permit to the areas outside Malappuram District, for the petitioners and their vehicles bearing Reg. Nos. KL-10/L-1269, KL-10- U/7778, KL-08/AD-5411 and KL-11/X-6061. III. Issue a writ of mandamus directing the third respondent and his subordinates officers not in interfere or seize the petitioners vehicles while transporting the port sand outside Malappuram District on the basis of the permit issued by the respondents 1 and 2. 2 WP(C) No. 26457/2011 IV. Issue such other reliefs this Hon'ble court may deem fit and proper in the facts and circumstances of the case. 2. The learned counsel for the petitioner submits that the issue involved in this case is squarely covered by the common judgment dated 20th September, 2011 in W.P.(C) Nos. 23810 and 23818 of 2011. 3. The relevant portion of the said judgment (paragraph 2) reads as follows : “2. 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 that it is now free to issue passes enabling transportation of the sand from the Ponnani Port to places outside Malappuram District”. 4. Heard the learned standing counsel appearing for the second respondent Municipality and the learned Government Pleader appearing for the other respondents. 5. Considering the facts and circumstances, this Court does not find it necessary to take a different turn. The concerned respondents are free to issue passes in respect of 3 WP(C) No. 26457/2011 the subject matter involved herein, enabling transportation of sand from the Port at Ponnani to places outside Malappuram District as well. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON JUDGE dnc