IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28628 of 2011(C) ---------------------- PETITIONER : --------------------- SMITHA V., W/O.PRADEEP, AGED 34 YEARS, PUTHUR HOUSE, THEYYANGAD, PONNANI P.O., MALAPPURAM DIST - 679 577. BY ADVS. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): ------------------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PONNANI P.O., MALAPPURAM DIST. PIN - 679 586. 2. THE PORT CONSERVATOR, PORT & SHIPPING OFFICE, PONNANI P.O., MALAPPURAM DIST. PIN - 679 586. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001 R1 BY ADV. SRI.C.M.MOHAMMED IQUABAL, SC R2 & R3 BY GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28628 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 TRUE COPY OF REGISTRATION CERTIFICATE EXT.P-2 TRUE COPY OF PERMIT ISSUED BY THE RTA PONNANI EXT.P-3 TRUE COPY OF VEHICLE PASS ISSUED BY THE 2ND RESPONDENT DTD. 18.10.2011 EXT.P-4 TRUE COPY OF BILL DTD. 22.10.2011 ISSUED BY THE 1ST RESPONDENT. EXT.P-5 TRUE COPY OF JUDGEMENT IN WPC 23810/11 DTD.20.9.2011 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 28628 of 2011 C ``````````````````````````````````````````````````````````` Dated this the 27th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 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 approached this Court by filing W.P.(C) Nos.23810 and 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 W.P.(C) No.28628/2011 : 2 : 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 question to places outside Malappuram District.” 3. Following the said judgment, W.P.(C) No.25659/2011 was filed, which was also disposed of by W.P.(C) No.28628/2011 : 3 : judgment dated 3rd October, 2011. Thus, the issue raised in the writ petition is fully covered by the aforesaid judgments. In that view of the matter, this writ petition is also disposed of, directing that the first respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- (ANTONY DOMINIC, JUDGE) aks/19/10 // True Copy // P.A. To Judge