IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 7947 of 2008(U) ------------------------- PETITIONER: -------------- THOMAS JOSEPH, S/O. M.T.JOSEPH, NIDHIRICKAL HOUSE, KUMMANOM P.O., KOTTAYAM. BY ADV. SRI.A.K.ABDUL AZEEZ SMT.M.R.JAYALATHA SRI.T.M.KOCHUNNI RESPONDENTS: ----------------- 1. DEPUTY DIRECTOR OF TOURISM DEPARTMENT, KOTTAYAM. 2. DEPARTMENT OF MINING & GEOLOGY, DISTRICT OFFICE, KOTTAYAM. 3. TAHSILDAR, KOTTAYAM. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 7947 OF 2008 U ==================== Dated this the 10th day of March, 2008 J U D G M E N T In this writ petition, the challenge is against Ext.P2. By Ext.P2, the petitioner has been called upon to fill up a plot of land as undertaken by him. He is further informed that in the event of his failure to do so, the expenses for filling up the land will be recovered from him by taking recourse to the revenue recovery proceedings. 2. Petitioner contends that the land in the present condition is good for tourism promotion purpose and therefore filling up is not needed. This is a strange argument. As can be seen from Ext.P2 itself that the land in question was allowed to be excavated by the petitioner subject to certain conditions including one requiring him to fill up the land, which was accepted by him. Now that excavation has been completed and the conditions are to be complied with, it is not open to the WPC 7947/08 :2 : petitioner to contend that the land can be used for tourism purposes. If excavation has been permitted subject to such conditions, petitioner should comply with that undertaking. If he has not honoured the undertaking, respondents are entitled to take coercive action against the petitioner in the event of such non compliance. What is seen from Ext.P2 is that such action has been taken. I do not find any ground to interfere with Ext.P2. Writ petition fails and is dismissed. ANTONY DOMINIC,JUDGE. Rp