IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 28066 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------ 1. HIRSHAD,S/O.IBRAHIM,ERACHAMVEETTIL HOUSE, P.O.EDAKKAZHIYOOR, CHAVAKKAD, (RC OWNER OF KL.08.A.1830). 2. MOHAMMED ANEESH, S/O.ALI, ALIPARAMBIL HOUSE, P.O.AZHIKODE, (RC OWNER OF KL.05.K.2879). 3. SHAMEER, S/O.KUNJIMON, KIZHAKKETHIL HOUSE, VELIANCODE, (RC OWNER OF KL.02.J.6068). 4. MANOJ KUMAR, S/O.PADMANABHAN, KOTTATHARAYIL HOUSE, PONNANI, (RC OWNER OF KL.07.N.7250). 5. SULAIMAN S/O.ABDULAKUTTY, LAKSHAM VEEDU, KADAVANAD, PONNAI, (RC OWNER OF KL.09.B.756) 6. ASHOKAN S/O.KRISHNAN, MARAKKATH HOUSE, P.O.PONNANI SOUTH, (RC OWNER OF KL.8.AD.8820) 7. ASHRAF,S/O.MOHAMMED, PUKKIL HOUSE,PRUMPADAPPA (RC OWNER OF KL.18.C.6941). BY ADV. SRI.K.K.MOHAMED RAVUF Kss ..2/- ..2... WPC.NO.28066/2011 G RESPONDENT(S): ---------------------------- 1. THE PORT CONSEEVATOR, OFFICE OF .PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI P.O., MALAPPURAM DISTRICT - 679 583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI P.O, MALAPPURAM DISTRICT-679 583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-1 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. R2 BY ADV. SRI. MOHAMMED IQBAL, SC R3 & R4 BY SR. GOVERNMENT PLEADER SMT. M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28066/2011 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1A:- TRUE COPY OF THE REGISTRATION CERTIFICATE. EXT.P1B:- TRUE COPY OF THE REGISTATION CERTIFICATE. EXT.P1C:- TRUE COPY OF THE REGISTATION CERTIFICATE. EXT.P1D:- TRUE COPY OF THE REGISTATION CERTIFICATE. EXT.P1E:- TRUE COPY OF THE REGISTATION CERTIFICATE. EXT.P1F:- TRUE COPY OF THE REGISTATION CERTIFICATE. EXT.P1G:- TRUE COPY OF THE REGISTATION CERTIFICATE. EXT.P2:- TURE COPY OF G.O.DATED 11.11.2010 ISSUED BY THE 4TH RESPONDENT IN NO.58289/P3/2010 EXT.P3:- TRUE COPY OF JUDGMENT IN WPC NO.30683/2010 DATED 8/8/2011 OF THE DIVISION BENCH OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 28066 of 2011 G ``````````````````````````````````````````````````````````` Dated this the 21st day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 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 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.28066/2011 : 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.28066/2011 : 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 2nd respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- (ANTONY DOMINIC, JUDGE) aks/21/10 // True Copy // P.A. To Judge