Kurian Joseph,J.

Construction of any building or structure other than a compound wall is not permitted in any land abutting National Highways, State Highways, and District roads and other roads notified by the Panchayat, within three metres from the boundary of the land abutting the road, under Section 220(b) of the Kerala Panchayat Raj Act. How does the Panchayat notify the roads for the purpose of Section 220(b)? In Thomas Paul v. State of Kerala, ILR 2006 (4) Kerala 690 (2006 KHC 1638) a learned single Judge of this Court has held that the Panchayat has to publish the notification in the official gazette. The appellant has raised a contention that the said decision does not reflect the correct position in law. The appellant Grama Panchayat filed the writ petition challenging Exts.P7 and P8 orders passed by the first respondent Ombudsman for Local Self Government Institutions. The said orders were passed on a complaint filed by the second respondent in the writ petition raising certain grievances regarding the numbering of the building. According to the second respondent a three storied building constructed in April 2000 has not been numbered by the Panchayat on the ground that the construction is in violation of the distance rule. The contention of the second respondent was that the ground floor of the building had already been constructed in the year 1992-93, admittedly without leaving the required three metres from the abutting village road and the further construction of the first and second floors were on the same building. The distance rule had come into force only in 1994 and at any rate the distance rule was not applicable for the construction of first or second floors on a building existed on the date of coming into force of the Act. As per Ext.P7 the complainant was directed to produce evidence regarding the construction of the ground floor prior to the coming into force of the Act. Pursuant to Ext.P7 the complainant produced a Trust Deed executed on 29-9-1993. Interpreting the deed the Ombudsman came to a conclusion that the ground floor of the building had come into existence before the introduction of the distance rule. Therefore, the Panchayat was directed to number the building. Aggrieved the Panchayat filed the writ petition. The learned single Judge following Thomas Paul's case (supra), dismissed the writ petition, since the decision of the Panchayat had not been published in the gazette, though on facts it was held that the disputed building was a new one constructed after coming into force of the Act. The finding of fact by the learned single Judge upsetting the finding of the Ombudsman is attacked by the respondent in the writ appeal. In the writ petition the party respondent had also produced Ext.R2(f) number plate apart from Exts.R2(a) to R2 (e). Be that as it may, the moot question is whether Thomas Paul's case has laid down the correct proposition of law.

2. In Thomas Paul's case the learned single Judge of this court has interpreted Rule 3 of the Kerala Panchayat Raj (Manner of Publication of Notification or Notice) Rules 1996. Rule 3 reads as follows:-

"3. Publication of Notification.--Save as otherwise expressly provided in the Act or the rules made thereunder, every notification issued under the provisions of the Act shall be published in the Government Gazette:

Provided that the Government shall have power to direct that any such notification shall, instead of being published in the Gazette, be published in any other manner specified by them."

As per the mandate of the above rule unless it is expressly provided for a different mode of publication, either in the Act or in the Rules, every notification issued under the provisions of the Act should be published in the Government Gazette, unless the Government directs otherwise. Whether the notification referred to in Rule 3 takes in the resolution taken by the Grama Panchayat to notify a road for the purpose of leaving a distance of minimu