IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30721 of 2011(M) --------------------------------------- PETITIONER: ------------------- K.H.AFSAL, S/O.MUHAMED, AGED 29 YEARS, KAMMUKUTTY HAJIYARAKAM HOUSE, PONNANI P.O., MALAPPURAM DISTRICT, (R.C.OWNER OF KL-7-AW-6386 GOODS VEHICLE). BY ADV. SRI.C.S.RAMANATHAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, O/O.DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001. 3. THE PORT CONSERVATOR, O/O.PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT-679 583. 4. PONNANI MUNICIPALITY, REPRENSENTED BY SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O., MALAPPURAM-679 583. R1 & R2 BY SR. GOVT. PLEADER SMT. RAJASREE.M.J. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, ALONG WITH W.P.(C).NO.30778/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.30721/2011-M: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: PHOTOCOPY OF THE ORDER DATED 11/11/2010 ISSUED BY THE IST RESPONDENT. EXT.P2: PHOTOCOPY OF THE JUDGEMENT DATED 8/8/2011 IN WPC.30683/2010 OF THIS HON'BLE HIGH COURT. EXT.P3: PHOTOCOPY OF THE JUDGEMENT DATED 20/9/2011 IN WPC.23810/2011 AND CONNECTED WRIT PETITION OF THIS HON'BLE HIGH COURT. RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 30721 & 30778 OF 2011 ----------------------------------------------------- Dated this the 18th day of November, 2011 J U D G M E N T The facts and the reliefs sought in 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 the second respondent Municipality submits W.P.(C) Nos. 30721 & 30778 :2 : 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 the second respondent to issue passes permitting transportation of the sand in W.P.(C) Nos. 30721 & 30778 :3 : 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. ANTONY DOMINIC, JUDGE ul/-