IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31269 of 2011(G) -------------------------- PETITIONER --------------- ABDUL NASAR, NAMBARATH VALAPPIL, ATHALOOR, THAVANUR, MALAPPURAM. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): -------------------- 1. THE PORT CONSERVATOR, OFFICE OF THE PORT CONSERVATOR, PORT AND SHIPPING, PONNANI HARBOUR, PONNANI.P.O.,MALAPPURAM-679583. 2. PONNANI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PONNANI.P.O., MALAPPURAM-679583. 3. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695001. 4. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE(P) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. R2 BY SRI.C.M.MOHAMMED IQBAL R3 & 4 BY GOVERNMENT PLEADER SRIMOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31269 of 2011(G) ------------------------------ APPENDIX ---------- PETITIONER(S) EXHIBITS ----------------------------- EXT.P1. PHOTOCOPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-10-K-8360. EXT.P2. PHOTOCOPY OF THE PERMIT ISSUED TO VEHICLE KL-10-K-8360. EXT.P3. PHOTOCOPY OF THE PORT SAND PERMIT ISSUED BY THE 1ST RESPONDENT DATED 16-11-2011. EXT.P4. PHOTOCOPY OF THE CASH BILL FOR THE PORT SAND PERMIT DATED 16-11-2011. EXT.P5. PHOTOCOPY OF THE GOVERNMENT ORDER DATED 11-11-2010 ISSUED BY 4TH RESPONDENT IN NO. 58289/P3/2010/REVENUE. EXT.P6. PHOTOCOPY OF THE JUDGMENT IN WPC NO.25187/2011 DATED 23-9-2011 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS : NIL ----------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 31269 OF 2011 ----------------------------------------------------- Dated this the 23rd day of November, 2011 J U D G M E N T The grievance of the petitioner 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. 31269 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.” 4. Following the said judgment WPC 25659 of 2011 was filed which was also disposed of by judgment dated 3rd W.P.(C) No. 31269 of 2011 :3 : October, 2011. Thus the issues raised in this writ petition is fully covered by the aforesaid judgments. 5. In that view of the matter, the 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. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge