IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 27775 of 2011(V) -------------------------- PETITIONER(S): --------------- LATHEEF, AGED 38, S/O.P.A.MOIDEENKUTTY, CHANGARAMKULAM, ALANCODE POST, MALAPPURAM DISTRICT, KERALA. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2. THE PORT CONSERVATOR, OFFICE OF THE PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI P.O., MALAPPURAM DISTRICT - 679 583. 3. THE PONNANI MUNICIPALITY, REP. BY ITS SECRETARY, PONNANI P.O., MALAPPURAM DISTRICT - 679 583. 4. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM - 695 001. GP MOHAMMED SHAH SC SRI. MOHAMMED IQBAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27775 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 A TRUE COPY OF THE VEHICLE PASS GIVEN TO THE VEHICLE KL 54B 9880 DATED 7/10/2011 EXT.P-2 A TRUE COPY OF THE RETAIL INVOICE DATED 4/10/2011. EXT.P-3 A TRUE COPY OF THE VEHICLE PASS FOR VEHICLE KL 54B 9867 DATED 4/10/2011 EXT.P-4 A TRUE COPY OF THE INVOICE RAISED CONCERNING VEHICLE NO. KL 54B 9867 DATED 4/10/2011 EXT.P-5 A TRUE COPY OF THE VEHICLE PASS CONCERNING KL 54A 7317 DATED 4/10/2011 EXT.P-6 A TRUE COPY OF THE INVOICE RAISED CONCERNING THE VEHICLE KL 54A 7317 DATED 4/10/2011 EXT.P-7 A TRUE COPY OF THE VEHICLE PASS CONVENING VEHICLE KL 54 3560 DATED 4/10/2011 EXT.P-8 A TRUE COPY OF THE INVOICE CONCERNING VEHICLE KL 54 3560 DATED 4/10/2011 EXT.P-9 A TRUE COPY OF THE VEHICLE PASS CONCERNING KL 54 3944 DATED 4/10/2011 EXT.P-10 A TRUE COPY OF THE INVOICE CONCERNING KL 54 3944 DATED 4/10/2011 EXT.P-11 A TRUE COOPY OF THE VEHICLE PASS CONCERNING KL 54B 9448 DATED 4/10/2011 EXT.P-12 A TRUE COPY OF THE INVOICE RAISED CONERNING KL 54B 9448 DATED 4/10/2011 EXT.P-13 A TRUE COPY OF THE JUDGEMENT IN WPC NO.25187 OF 2011 DATED 23/9/2011 (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).27775/2011 .............................................. Dated this the 19th 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 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. Now that such a submission has been made on W.P.(C).27775/11 2 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, WP(C) No.25659/11 was filed, which was also disposed of by judgment dated 3rd October, 2011. Thus, the issue raised in the writ petition is fully covered by the aforesaid judgments. 4. In that view of the matter, this writ petition is also disposed of directing that the third respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. The writ petition is disposed of accordingly. ANTONY DOMINIC, Judge mrcs