IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27802 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------- 1. FASIL, S/O.KUNHIBAVA, ANDIPATTIL HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DIST. 2. SAKKARIYA, S/O.NASSAR, 12/275, KOLANGARA VEEDU, KADAPRATHAKATH, NALAMKALLU, PUTHU PONNANY, PONNANI SOUTH, MALAPPURAM DIST. 3. MUHAMMED BASHEER, S/O.RUKKIYA, 12/553, NARAKKATTU VALAPPIN, ANAPPADI, PONNANI WEST, MALAPPURAM DIST. 4. MUJEEB.M, S/O.SIDDIQ KUTTY, MOINTAKATH HOUSE, POLICE STATION ROAD, PONNANI SOUTH, MALAPPURAM DIST. 5. SAJEESH, S/O.SREERAMAN, MECHERI HOUSE, PALLAPRAM, P.O.PONNANI, MALAPPURAM DIST. 6. GEORGE.V.J, S/O.JOSEPH, VEERALI HOUSE, P.O.VAZHUVIL, CHAZHOOR, THRISSUR DIST. BY ADVS. SRI.JIJI THOMAS PAMBACKAL, SMT. SMITHA MATHEW. RESPONDENT(S): --------------------------- 1. THE PONNANI MUNCIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT-679 577. 2. THE PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT-679 577. 3. DISTRICT COLLECTOR, MALAPPURAM-676 505. R1 BY ADV. SRI. MOHAMMED IQBAL, SC R3 BY SR. GOVERNMENT PLEADER SMT. M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011 ALONG WITH WPC.NO.27814 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27802/2011 A APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- COPY OF REGISTRATION BOOK OF THE VEHICLE NO. KL-10-T-9241. EXHIBIT P1(A)- COPY OF REGISTRATION BOOK OF THE VEHICLE NO. KL-18-A-5647. EXHIBIT P1(B)- COPY OF REGISTRATION BOOK OF THE VEHICLE NO. KL-10-P-7107. EXHIBIT P1(C)- COPY OF REGISTRATION BOOK OF THE VEHICLE NO. KL-54-5196. EXHIBIT P1(D)- COPY OF REGISTRATION BOOK OF THE VEHICLE NO. KL-10-Q-8623. EXHIBIT P1(E)- COPY OF REGISTRATION BOOK OF THE VEHICLE NO. KL-10X-8321. EXHIBIT P2- COPY OF THE VEHICLE PASS ISSUED FOR THE TRANSPORTATION OF DRUGGED MATERIALS FROM THE PORT, ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3- COPY OF THE JUDGMENT IN WP(C) NO.23810/2011 DATED 20.9.2011 OF THIS HON. COURT. RESPONDENTS' EXHIBITS : N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ================ W.P.(C) Nos. 27802, 27814, 27940 & 27943 OF 2011 ===================== Dated this the 20th day of October, 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 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. WPC Nos. 27802, 27814, 27940 & 27943 OF 2011 :2 : 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.” 4. Following the said judgment, WP(C) No.25659/11 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. In that view of the matter, these writ petitions are also disposed of directing that the Ponnani Municipality is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. ANTONY DOMINIC, JUDGE Rp