IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28826 of 2011(C) -------------------------------------- PETITIONERS: --------------------- 1. ANOOP, AGED 25, S/O. KUTTAPPU, 9/523, KOTTAMAL HOUSE, KARUKATHIRUTHY, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. 2. LASITHA, AGED 30, W/O. THULASEEDHARAN, 28/53, KARINBANAKKAL HOUSE, PONNANI, MALAPPURAM DISTRICT. 3. MANOSH KUMAR, AGED 34, S/O. KUNHUNNI, THONIYARA HOUSE, EASWARAMANGALAM.P.O., PONNANI, MALAPPURAM DISTRICT. 4. PRADEEP.K, AGED 35, S/O. NARAYANAN, KATTAMBALA, EASWARAMANGALAM, HEITHALOOR, PONNANI, MALAPPURAM DISTRICT. 5. RAJEEV, AGED 38 YEARS, S/O. BALAN, KODOOR HOUSE, KOLALAMBA.P.O., EDAPAL, PONNANI, MALAPPURAM DISTRICT. 6. JYOTHI PRAKASH, AGED 38, S/O. VELAYUDHAN, KARIMBANAKKAL HOUSE, PONNANI, MALAPPURAM DISTRICT. 7. THULASEEDHARAN, AGED 41, S/O. VELAYUDHAN, KARIMPANAKKAL HOUSE, PALLAPURAM, PONNANI.P.O., MALAPPURAM DISTRICT. 8. RAMACHANDRAN, AGED 59, S/O. JANAKI, 9/86, KARUVEDI HOUSE, KARUKATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. W.P.(C).NO.28826/2011-C: 9. SATHEESAN, AGED 50, S/O. RAGHAVAN, 1/326, THATTAPARAMBIL HOUSE, EZHUVATHIRUTHI, PONNANI, MALAPPURAM DISTRICT. 10. HASSANKUTTY, AGED 40, S/O. ALEKUTTY, KARIYODATHU VEEDU, ANDATHODE.P.O., GURUVAYOOR, THRISSUR DISTRICT. 11. PAVITHRAN, AGED 32, S/O. APPUNI, AMPILA VALAPPIL HOUSE, EZHUVATHIRUTHY, MALAPPURAM DISTRICT. 12. RAJESH, AGED 29, S/O. MOHANAN, PALAKUNNATHU HOUSE, EASWARAMANGALAM.P.O., PONNANI, MALAPPURAM DISTRICT. 13. VEERANKUTTY.P., AGED 40, S/O. MAMMUNNI, PADIJARATHIL HOUSE, NELLAYA.P.O., PALAKKAD DISTRICT. 14. JYOTHI BABU, AGED 29, S/O. RADHAKRISHNAN, 9/127, VALLIKKATHURAPPIL HOUSE, KARUKATHIRUTHY, PONNANI.P.O., MALAPPURAM DISTRICT. 15. SUNIL KUMAR, AGED 36, S/O. VASU, 14/330, VALLIKKAT HOUSE, PONNANI SOUTH.P.O., MALAPPURAM. 16. VIJAYAKUMAR, AGED 55, S/O. KRISHNAN NAIR, PARAPPOORVALAPPIL, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. 17. RAJANI, AGED 38, W/O. DEVAN THOTTIYIL HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. 18. SUNIL KUMAR, AGED 36, S/O. MADHAVAN, THOTTIYIL HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. W.P.(C).NO.28826/2011-C: 19. SURESH, AGED 45, S/O. ACHUTHAN, 10/380, CHEMBRA HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. 20. PRASATH, AGED 27, S/O. JANARDHANAN, AMBILAVALAPPIL HOUSE, EZHUVATHIRUTHY, PONNANI.P.O., MALAPPURAM DISTRICT. 21. VALSALAKUMAR, AGED 55, W/O. NARAYANAN, CHEMBRA HOUSE, KADVANAD .P.O, PONNANI, MALAPPURAM DISTRICT. 22. PRAMOD KUMAR, AGED 35, S/O. APPUNNI, 6/112, THATHAMMEL HOUSE, EZHUVATHIRUTHY, PONNANI. 23. SAJEESH.K.V., AGED 27, S/O. ARUMUKKHAN, KOCHILAVALAPPIL HOUSE, EZHUVATHIRUTHY, PONNANI. 24. NAVAS, AGED 28, S/O. MOHAMED, KAPPAKARAKATH HOUSE, PONNANI, NAGARAM, MALAPPURAM DISTRICT. 25. KUNHAMI.P.V., W/O. KUNHU MOHAMMED, PUTHUVEETTIL HOUSE, PONNANI, MALAPPURAM DISTRICT. 26. YESODA, AGED 55, W/O. CHANDRAN, 309, KVM LODGE, PONNANI, MALAPPURAM DISTRICT - 679 577. 27. BABU, AGED 25, S/O. CHANDRAN, 7/140, POORVADAN HOUSE, EZHUVATHITATHY, PONNANI, MALAPPURAM. 28. ABDUL SALAM, AGED 33, S/O. MOIDUTTY, 5/146A, KODALIL HOUSE, THAVANOOR, PONNANI, MALAPPURAM DISTRICT. 29. ANIL KUMAR, AGED 42, S/O. GOVINDAN NAIR, PRADEEP NIVAS, PONNANI, MALAPPURAM DISTRICT. 30. ARAMUKHAN, AGED 63, S/O. VELAYI, KAKKAMPULLI HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. W.P.(C).NO.28826/2011-C: 31. BIJU.P., AGED 23, S/O. CHANDRAN.P., POOVADAN HOUSE, EZHUVATHIRUTHY, PONNANI, MALAPPURAM DISTRICT. 32. ARUL JYOTHI, AGED 36, S/O. CHANDRAN, THENGATH KALATHIL HOUSE, EASWARAMANGALAM, PONNANI, MALAPPURAM DISTRICT. BY ADVS. SRI.PRAVEEN K. JOY, SRI.T.A.ABDUL RASHEED, SMT.RENJINI RAJENDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY (REVENUE DEPARTMENT), SECRETARIATE, TRIVANDRUM -1. 2. THE PORT CONSERVATOR, OFFICE OF PORT CONSERVATOR, PORT & SHIPPING, PONNANI HARBOUR, PONNANI.P.O., MALAPPURAM DISTRICT - 679 583. 3. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI MUNICIPALITY, PONNANI.P.O., MALAPPURAM - 679 583. R1 BY GOVT. PLEADER SMT. RAJASREE, R3 BY SRI. C.M. MOHAMMED EQUBAL, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.28826/2011-C: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE JUDGEMENT DTD. 08/08/2011 IN W.P.(C).30683/2010 OF THE HONOURABLE HIGH COURT. EXT.P.2: COPY OF THE CERTIFICATE OF REGISTRATION NO.KL3C.2761. EXT.P.3: COPY OF THE GOODS CARRIAGE PERMIT OF VEHICLE KL3C-2761 OF RTA, PONNANI. EXT.P.4: COPY OF THE REGISTRATION CERTIFICATE IN VEHICLE NO.KL-11U-5554. EXT.P.5: COPY OF THE GOODS CARRIAGE PERMIT OF VEHICLE KL-11U-5554 OF RTA, PONNANI. EXT.P.6: COPY OF THE CERTIFICATE OF REGISTRATION IN VEHICLE NO.KL-54470. EXT.P.7: COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE KL-11K-1656. EXT.P.8: COPY OF THE CERTIFICATE OF REGISTRATION IN NO.KL-10U-8451. EXT.P.9: COPY OF THE CERTIFICATE OF REGISTRATION NO.K-17C-9044. EXT.P.10: COPY OF THE CERTIFICATE OF REGISTRATION IN NO.KL-08-AP-5533. EXT.P.11: COPY OF THE GOODS CARRIAGE PERMIT OF VEHICLE KL-08-A-7-5533 ISSUED BY SECRETARY, RTA, PONNANI. EXT.P.12: COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE KL-08Y-6844. EXT.P.13: COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE KL-12C-962. EXT.P.14: COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE KL-59-141. EXT.P.15: COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE KL-11-R-8696. EXT.P.16: COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE KL-10W-5480. EXT.P.17: COPY OF THE GOODS CARRIAGE PERMIT OF VEHICLE KL-10W-5480 ISSUED BY SECRETARY, RTA, PONNANI. EXT.P.18: COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE KL-52A-13471 PRODUCED BY THE P.13. EXT.P.19: COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE KL-08J-4131. EXT.P.20: COPY OF THE CERTIFICATE OF REGISTRATION OF KL-10N-9148. EXT.P.21: COPY OF THE CERTIFICATE OF REGISTRATION OF KL-11A-1087. EXT.P.22: COPY OF THE CERTIFICATE OF REGISTRATION OF KL-42-8687. W.P.(C).NO.28826/2011-C: EXT.P.23: COPY OF THE CERTIFICATE OF REGISTRATION OF KL-10Y-9565. EXT.P.24: COPY OF THE CERTIFICATE OF REGISTRATION OF KL-07-AR 675. EXT.P.25: COPY OF THE CERTIFICATE OF REGISTRATION OF KL-4A-8238. EXT.P.26: COPY OF THE CERTIFICATE OF REGISTRATION OF KL-54-1539. EXT.P.27: COPY OF THE CERTIFICATE OF REGISTRATION OF KL08 AA 4554. EXT.P.28: COPY OF THE CERTIFICATE OF REGISTRATION OF KL-01-C-3447. EXT.P.29: COPY OF PASS ISSUED TO THE P.6 VEHICLE KL17 C-9044 BY R.3. EXT.P.30: COPY OF THE PASS ISSUED DTD. 07/09/2011 TO VEHICLE KL-84-6844. EXT.P.31: COPY OF THE PASS DTD. 10/10/2011 OF VEHICLE KL-8AA-4554. EXT.P.32: COPY OF THE JUDGMENT DTD. 20/09/2011 IN W.P.(C).23818/2011 DT.D 26/09/2011. EXT.P.33: COPY OF THE JUDGEMENT DTD. 03/10/2011 IN W.P.(C).25659/2011 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 28826 OF 2011 ===================== Dated this the 28th 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 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 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. WPC No. 28826/11 :2 : 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 3rd respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge