IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 34295 of 2011(J) ------------------------------------------ PETITIONER(S): ------------------------- 1. RAMACHANDRAN K., S/O.AYYAPPAN, KOLATHATTIL HOUSE, NARIPPARAMBU P.O., THAVANOOR VIA., PONNANI, MALAPPURAM DISTRICT, PIN-679 577, (RC OWNER OF KL-54-B-5622). 2. JAYADEVAN, S/O.KARUNAKARAN, VANIYAMPARAMBIL HOUSE, PARAPPURAM, KADANCHERRY, PONNANI, MALAPPURAM DISTRICT-679 577, (RC OWNER OF KL-12-C-695). 3. SHAMSUDHEEN, S/O.HASSAN, ARAKKAL KOYALIKKANAKATH HOUSE, VANDIPETTA, PONNANI, MALAPPURAM DISTRICT, PIN-69577, (RC OWNER OF KL-02-K-8237). 4. SAYED MOHAMED, S/O.MOHAMMAD UNNI, PANIKKAVEETTIL HOUSE, PONNANI P.O., VANDIPETTA, MALAPPURAM DISTRICT, PIN-679 577, (RC OWNER OF KL-11-C-6363). 5. NARAYANAN, S/O.RAMAN, 6/91, VALLIKKAT HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT-679577, (RC OWNER OF KL-08-M-689). 6. PRASOB, S/O.GOVINDAN NAIR, 7/120, THADATHIL PALLIYALIL HOUSE, THRIKKANAPURAM, THAVANOOR, PONNANI, MALAPPURAM DISTRICT - 679577, (RC OWNER OF KL-01-C-1285). BY ADVS. SRI.K.R.AVINASH (KUNNATH), SRI.A.MOHAMED MUSTAQUE. Kss ..2/- ..2.... WPC.NO.34295/2011 J RESPONDENT(S): ---------------------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PONNANI P.O., MALAPPURAM DISTRICT, PIN-679 586. 2. THE PORT CONSERVATOR, PORT & SHIPPING OFFICE, PONNANI P.O., MALAPPURAM DISTRICT, PIN-679 586. 3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI. C.M.MOHAMMED IQBAL R3 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34295/2011 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-54-B-5622 OF THE IST PETITIONER. EXT.P2 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-12-C-695 OF THE 2ND PETITIONER. EXT.P3 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-02-K-8237 OF THE 3RD PETITIONER. EXT.P4 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-11-C-6363 OF THE 4TH PETITIONER. EXT.P5 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-08-M-689 OF THE 5TH PETITIONER. EXT.P6 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE NO.KL-01-C-1285 OF THE 6TH PETITIONER. EXT.P7 THE TRUE COPY OF THE VEHICLE PASS ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIONER'S VEHICLE. EXT.P8 THE TRUE COPY OF THE CASH MEMORANDUM ISSUED BY THE IST RESPONDENT TO THE IST PETITIONER'S VEHICLE. EXT.P9 THE TRUE COPY OF THE JUDGEMENT OF THIS COURT IN WPC.23810/2011. RESPONDENTS' EXHIBITS; N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 34295 of 2011 ---------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT 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. 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. W.P.C. No. 34295 OF 2011 -2- 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, 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 respondents 1 and 2 are 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. Kp/-