SANTHOSH MATHEW Vs. K.JOHN

JUDGEMENT

(1.) The review petition is filed seeking review of the judgment dtd. 11/10/2023 passed by this Court in W.P.(C) No.33354 of 2023. The review petitioner was not a party to the writ petition. This Court, by order dtd. 13/11/2023, granted leave to file this review petition.

(2.) W.P.(C) No. 33354 of 2023 is filed by the 1st respondent in the review petition (hereinafter referred to as the 'writ petitioner') who claims to own agricultural land in Aruvappullam Village of Konni Taluk, Pathanamthitta District, and permanently resides in Thiruvananthapuram, leading a retired life. In the writ petition, it is stated that the writ petitioner's property is located near the Achankovil river and the banks of the said river are unassigned and maintained as river puramboke to ensure the free flow of water during the monsoon season or when excess water is released from the reservoirs of the Sabarigiri Electricity Project by the KSEB. It is contended that, taking advantage of the vast puramboke land along the river banks, certain persons encroached upon the puramboke land and started plantation activities and obtained illegal assignments of the property by influencing corrupt officials. Even a slight increase in water levels in the river is causing crop damage and flooding in the area, as the free flow of water in the river has been affected by the encroachment on the river puramboke. It is also contended that certain other properties vested in the Government have also been converted by these persons as their property. The writ petitioner submitted Ext. P1 representation before the respondent, the District Collector, Pathanamthitta requesting to take action against the illegal occupation of the river puramboke, as well as the conversion of river puramboke into private properties and against the creation of forged deeds, including the Thandaper Account in the concerned village office. He also submitted Ext. P3 reminder to Ext. P1. However, no reply was received from the respondent, nor has any action been taken thereon. It is stated that it is due to the influence of the persons holding the river puramboke that the respondent has not taken any action. It is contended that the illegal occupation of public property, especially river puramboke, is a serious matter as it adversely affects the interests of innocent persons engaged in agricultural activities. Accordingly, the following reliefs were sought in the writ petition:

(3.) The writ petition came up for admission on 11/10/2023 and this Court disposed of it on the same day directing the respondent District Collector to take up Ext. P1 representation for consideration and pass appropriate orders in accordance with law, after affording an opportunity of hearing to the petitioner and the persons named in Ext. P1 as expeditiously as possible, at any rate within a period of four months from the date of receipt of a copy of the judgment.