IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31940 of 2011(N) ------------------------------------- PETITIONER(S): ----------------------- 1. ABDUL SAMEER , S/O. IBRAHIMKUTTY, 21/349, ANDIPATTIL HOUSE, PONNANI, MALAPPURAM DISTRICT, REGISTERED OWNER OF THE VEHICLE BEARING NO.KL-14E 6992. 2. SUHARA, W/O. ANVAR, THONIKKADAVATH HOUSE, KUTTIPURAM, MALAPPURAM DISTRICT, REGISTERED OWNER OF THE VEHICLE BEARING NO.KL-09A/527. 3. SAITHALAVI, S/O.MUHAMMED, KANNAMPARAMBIL HOUSE, KADAKKASSERY, THAVANOOR PONNANI, MALAPPURAM DISTRICT, REGISTERED OWNER OF THE VEHICLE BEARING NO.KL.07AG /3987 4. NAUSHAD, S/O.FATHIMA, KANNAMPARAMBIL HOUSE, AYINKALAM P.O., THAVANOOR, PONNANI, MALAPPURAM DISTRICT, REGISTERED OWNER OF THE VEHICLE BEARING NO.KL-S/5661. BY ADVS. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): ------------------------- 1. THE PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI, MALAPPURAM DISTRICT, PIN 679 577. 2. PURATHOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY PURATHOOR, MALAPPURAM DISTRICT, PIN 676 102. VPV WPCNO.31940/2011 3. THE PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT, PIN 679 577. 4. THE DISTRICT COLLECTOR, MALAPPURAM, PIN 676 505. R1 BY ADV.SRI. C. M. MOHAMMED IQBAL R4 BY GOVERNMENT PLEADER SMT. M. J. RAJASREE (SENIOR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.31940/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE VEHICLE PASS ISSUED FOR THE TRANSPORTATION OF DRUDGED MATERIALS FROM THE PORT, ISSUED BY THE 3RD RESPONDENT DATED, 23-9-2011. EXT.P1: COPY OF THE JUDGMENT DATED, 20-9-2011 IN W.P.(C)NO.23810/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 31940 OF 2011 ----------------------------------------------------- Dated this the 30th day of November, 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 & 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 W.P.(C) No. 31940 of 2011 :2 : 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 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 WPC 25659 of 2011 was filed which was also disposed of by judgment dated 3rd W.P.(C) No. 31940 of 2011 :3 : October, 2011. Thus the issues raised in this writ petition is fully covered by the aforesaid judgments. 4. In that view of the matter, the 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. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge