IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28860 of 2011(F) -------------------------- PETITIONER(S): --------------- SABEESH P.M., S/O.MADHAVAN, AGED 33, PANTHAKKAL HOUSE, THANGALOOR PO, THRISSUR DT. (RC OWNER OF KL-02-G/9720& KL-17-B/1495). 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., PIN 679583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY PONNANI MUNICIPALITY, PONNANI PO, MALAPPURAM DISTRICT, PIN 679583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1. 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-1. BY G.P.SMT. RAJASREE. SRI. MUHAMMED IQUABAL - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28860 of 2011(F) EXT.P1 COPY OF THE RC OF THE VEHICLE BEARING REG.NO.KL-02-G/9720 DATED 24.5.1999. EXT.P2 COPY OF THE RC OF THE VEHICLE BEARING REG.NO.KL-17-B/1495 DATED 1.11.10. EXT.P3 COPY OF THE PORT SAND PERMIT ISSUED BY R1 DATED 24..1.11. EXT.P4 COPY OF THE CASH BILL FOR THE PORT SAND PERMIT ISSUED BY THE R2 DATED 24.1.11. EXT.P5 COPY OF THE GO DATED 11.11.10 ISSUED BY THE REVENUE DEPARTMENT IN NO.58289/93/2010/REVENUE EXT.P6 COPY OF THE JUDGMENT IN WPC 25187/11 DATED 23.9.11 OF THIS COURT. /TRUE COPY/ P.S. TO JUDGE. CL ANTONY DOMINIC, J. .............................................. W.P.(C).NO.28860 OF 2011 ............................................. Dated this the 28th day of October, 2011. JUDGMENT The grievance of the petitioner 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 approachedthis 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 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, W.P.(C).NO.28860 OF 2011 : 2 : 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, WPC 25659 of 2011 was filed which was also disposed of by judgment dated 3rd October, 2011. Thus the issues raised in this writ petition are fully covered by the aforesaid judgments. 4. In that view of the matter, this writ petition is also disposed of directing that the 4th respondent is free to issue passes enabling transportation of sand from the Ponnani Port W.P.(C).NO.28860 OF 2011 : 3 : to places outside Malappuram District. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE cl/-