IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32502 of 2011(K) --------------------------------- PETITIONER(S): ------------------- 1. VAHID,S/O.ABDU,318,KARUPPAMVEETTIL HOUSE,PUTHUPONNANI,PONNANI SOUTH, MALAPPURAM DISTRICT. 2. ABDHU RAHMAN,S/O.MUHAMMAD KUTTYU, 7/783C(20438),PADANNELAKATH HOUSE,ERIKKAMANNA, PONNANI.P.O,MALAPPURAM DISTRICT. 3. ELYAS,S/O.MUHAMMED,41/1449, PUTHIYAVEETIL HOUSE,SOPPUMPADI,PONNANI SOUTH, MALAPPURAM DISTRICT. BY ADVS. SRI.JIJI THOMAS SMT.SMITHA MATHEW RESPONDENT(S): --------------------- 1. THE PONNANI MUNICIPALITY,REPRESENTED BY ITS SECRETARY,PONNANI MALAPPURAM DISTRICT, PIN-679577. 2. THE PORT CONSERVATOR,PORT AND SHIPPING OFFICE,PONNANI,MALAPPURAM DISTRICT-679577. 3. DISTRICT COLLECTOR,MALAPPURAM-676505. R1 BY ADV. SRI. C.M. MOHAMMED IQUBAL, SC., MUNICIPALITY R2 BY GOVT. PLEADER SMT.M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 32502/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF REGISTRATION BOOK OF THE VEHICLE NO.KL-10-A-7023 P1(a):COPY OF REGISTRATION BOOK OF THE VEHICLE NO.KL-13-P-6736 P1(B) COPY OF REGISTRATION BOOK OF THE VEHICLE NO.KL-10-Y-6026. P2: COPY OF THE VEHICLE PASS ISSUED FOR THE TRANSPORTATION OF DRUGGED MATERIALS FROM THE PORT,ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE JUDGMENT IN WP(C)23810/2011 DATED 20/9/2011 OF THEIS HON. COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32502 of 2011 K ``````````````````````````````````````````````````````````` Dated this the 7th day of December, 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.32502/2011 : 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.32502/2011 : 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 first respondent is free to issue passes enabling transportation of sand from the Ponnani Port to places outside Malappuram District. Sd/- (ANTONY DOMINIC, JUDGE) aks/07/12 // True Copy // P.A. To Judge