IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32805 of 2011(A) -------------------------------------- PETITIONER: ------------------- VIJAYAN, S/O. VELAPPA, NEERTHATTIL HOUSE, ERAMANGALAM, PONNANI P.O, MALAPPURAM DISTRICT- 679 577. (RC OWNER OF KL- 43-6528). BY ADVS. SRI.K.R.AVINASH (KUNNATH), SRI.A.MOHAMED MUSTAQUE. RESPONDENTS: ------------------------ 1. THE PONNANI MNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNCIPAL OFFICE, PONNANI,P.O,MALAPPURAM DISTRICT - 679 586. 2. THE PORT CONSERVATOR, PORT & SHIPPING OFFICE, PONNANI P.O, MALAPPURAM DISTRICT- 679 586. 3. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE,GOVERNMENTSECRETARIAT, THIRUVANANTHAPURAM- 695 001. R1 BY SRI. C.M. MOHAMMED IQBAL, S.C, R3 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.32805/2011-A: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO. KL-43-6528 OWNED BY THE PETITIONER. EXT.P2: THE TRUE COPY OF THE PERMIT ISSUED TO VEHICLE NO.KL-43-6528 OWNED BY THE PETITIONER. EXT.P3: THE TURE COPY OF THE VEHICLE PASS ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S VEHICLE. EXT.P4: THE TURE COPY OF A CASH MEMORANDUM USUALLY ISSUED BY THE IST RESPONDENT TO VEHICLES. EXT.P5: THE TURE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) .23810/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32805 of 2011 A ``````````````````````````````````````````````````````````` Dated this the 9th day of December, 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.32805/2011 : 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.32805/2011 : 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 1st respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- (ANTONY DOMINIC, JUDGE) aks/12/12 // True Copy // P.A. To Judge