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. 27799 of 2011(Y) --------------------------------------- PETITIONER(S): ----------------------- 1. K.M.SAHEER, S/O.ABDURAHMAN, AGED 37 YEARS, NADUVILAPATTARAMATT HOUSE, ANDATHODE, THRISSUR DISTRICT (RC OWNER OF KL-46 6357 GOOD VEHICLE). 2. NOUSHAD P.P., S/O.P.P.MOIDU, AGED 37, PENGATTAYIL HOUSE, AYROORPOST PERUMBADAPPU, MALAPPURAM. (RC OWNER OF KL-54-B-6992 GOODS VEHICLE). BY ADV. SRI.C.S.RAMANATHAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE ]ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE (P) DEPARTMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE,POLICE HEAD QUARTERS, VAZHUTHECAUD,THIRUVANANTHAPURAM.695 001. 3. THE PORT CONSERVATOR, OFFICE OF THE PORT CONSERVATOR, PORT AND SHIPPING OFFICE, PONNANI, MALAPPURAM DISTRICT-679 583. 4. THE PALLAPRAM COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD, PONNANI P.O., MALAPPURAM -679 583. R1 TO R2 BY GOVT. PLEADER SRI.MOHAMMED SHAHI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, ALONG WITH WPC. NO.27992 OF 2011 & 28001 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27799/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1:-PHOTO COPY OF THE ORDER DATED 11/11/2010 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2:-PHOTO COPY OF THE PERMIT ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT. EXHIBIT P3:-PHOTO COPY OF THE BILL FOR SALE OF SAN ISSUED TO THE 2ND PETITIONER BY THE 4TH RESPONDENT. EXHIBIT P4:-PHOTO COPY OF THE JUDGMENT DATED 8//8/2011 IN WPC 30683/2010 OF THIS HONOURABLE HIGH COURT. EXHIBIT P5:-PHOTO COPY OF THE JUDGMENT DATED 20/09/2011 IN WPC NO.23810/2011 AND CONNECTED WRIT PETITION OF THIS HONOURABLE HIGH COURT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J ....................................................... W.P.(C).27799, 27992 & 28001/2011 .............................................. Dated this the 21st day of October, 2011 JUDGMENT The grievance of the petitioners in these writ petitions is regarding the restriction imposed by the Port Conservator of Ponnani Port, restricting transportation of sand outside 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 W.P.(C).27775/11 2 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, these writ petitions are also disposed of directing that the third respondent is free to issue passes enabling transportation of port sand from Malappuram District to other districts. ANTONY DOMINIC, Judge mrcs