IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 33936 of 2011(N) -------------------------------------- PETITIONERS: --------------------- 1. PADMINI, W/O. CHANDRAN, 7/140, POOVVADAL HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DIST. 679 577. (REGISTERED OWNER OF VEHICLE NO:KL-07-AQ-378). 2. RUBEESH, S/O. HAMSA, 1/193, VALIYAVALAPPIL HOUSE, ESWARAMANGALAM.P.O., PONNANI, MALAPPURAM DIST. 679 577. (REGISTERED OWNER OF VEHICLE NO:KL-07-A-7277). 3. PRASOB, S/O. GOVINDAN NAIR, 7/120 THADATHIL PALLIYALIL HOUSE, THRIKKANAPURAM, THAVANOOR, PONNANI, MALAPPURAM DIST. 679 577. (REGISTERED OWNER OF VEHICLE NO: KL-01-C-1285). 4. ASHRAF, S/O. YOUSAF, MOOLAYIL VALAPPIL HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DIST. 679 577. (REGISTERED OWNER OF VEHICLE NO: KL-10-AA-8031). BY ADVS. SRI.K.R.AVINASH, SRI.A.MOHAMED MUSTAQUE. RESPONDENTS: ------------------------ 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PONNANI.P.O., MALAPPURAM DISTRICT - 679 586. 2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT - 676 505. R1 BY SRI. C.M. MOHAMMED IQBAL, R2 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.33936/2011-N: APPENDIX PETITIONERS' EXHIBITS:- EXT.P.1: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO: KL-07-AQ- 378 OWNED BY THE P.1. EXT.P.2: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO: KL-07-A-7277 OWNED BY THE P.2. EXT.P.3: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO: KL-01-C-1285 OWNED BY THE P.3. EXT.P.4: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO: KL-10-AA- 8031 OWNED BY THE P.4. EXT.P.5: COPY OF THE PERMIT ISSUED TO VEHICLE OF THE P.1. EXT.P.6: COPY OF THE PERMIT ISSUED TO VEHICLE OF THE P.2. EXT.P.7: COPY OF THE PERMIT ISSUED TO VEHICLE OF THE P.3. EXT.P.8: COPY OF THE PERMIT ISSUED TO VEHICLE OF THE P.4. EXT.P.9: COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C).27676/2011 DTD. 09/11/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 33936 of 2011 N ``````````````````````````````````````````````````````````` Dated this the 19th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Prayers sought in the writ petition read as under:- “(i) Issue writ of mandamus such other writ directing first respondent to issue permits/passes under Act 18 of 2001 or in accordance with any other law, to the vehicles owned by the petitioners bearing registration Nos.KL-07AQ-378, KL-07A- 7277, KL-01C-1285 and KL-10AA-8031 for the transportation of sand. (ii) Declare that the non issuance of permits/passes by the first respondent under Act 18 of 2001 or in accordance with any other law for transportation of sand, to the vehicles owned by the petitioners for the reason that such vehicles are not registered in the first respondent Municipality is illegal.” 2. The issue raised in this writ petition is fully W.P.(C) No.33936/2011 : 2 : covered by the judgment in W.P.(C) No.27676/2011, which was disposed of recording the submission made by both sides in the following terms:- “Thus, according to the Municipality, permits will be issued to all vehicles, without insisting on the registration of the vehicles in the Ponnani Municipality.” In the light of the above, this writ petition is also disposed of clarifying that the petitioners will be entitled for the benefit of the directions contained in the judgment in W.P.(C) No.27676/2011. Sd/- (ANTONY DOMINIC, JUDGE) aks/19/12 // True Copy // P.A. To Judge