Sreenivasan S/o Late Sasidharan v. Karakurissy Grama Panchayat
2025-03-03
ZIYAD RAHMAN A.A
body2025
DigiLaw.ai
JUDGMENT : ZIYAD RAHMAN A.A., J. 1. The petitioners are the owners in possession of 5.28 Ares of land comprised in Sy.No.41/1-4 of Karakurissi Village in Mannarkkad Taluk of Palakkad District has approached this Court for the following reliefs:- i. Issue a Writ of Mandamus or other appropriate writs, Orders or Directions commanding the respondents to publish an erratum COURT notification in the Kerala Gazette as provided under Rule 4 of the Kerala Conservation of Paddy Land and Wet Land Rules, 2008 as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble Court in the interest of justice; ii. Issue a writ to declare that once a decision is taken to exclude the property from the data bank, it is the bounden duty of the local authority to take steps to publish the erratum notification; iii. To dispense with the production of English Translation of Malayalam Exhibits produced along with the Writ Petition in the interest of justice; iv. Render such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. The grievance of the petitioner is that, even though the LLMC has taken a decision to exclude the property of the petitioner from the Data Bank as early as on 24.01.2020, the erratum notification in this regard has not been published under Rule 4 of Kerala conservation of Paddy Land and Wetland Rules, 2008 3. The learned Government Pleader upon instructions submit that, a communication in this regard was forwarded on 11.01.2021 by the 4th respondent to the 2nd respondent. 4. It is seen that, despite the same, erratum notification as contemplated under Rule 4 has not been made by the 2nd respondent. As per Rule 4(4) of the Kerala conservation of Paddy Land and Wetland Rules, the Secretary of the Local Self Government Institutions has to take necessary steps to publish the Data Bank in respect of the said institutions. Rule 4(9) contemplates for the erratum notification of the Data Bank whenever any changes are made and the procedure to be followed are that of the same applicable to that of the original Data Bank. 5. In this case, the 4 th respondent has already forwarded the communication to the 2nd respondent, for affecting necessary publication, but yet, the same has not been so far published.
5. In this case, the 4 th respondent has already forwarded the communication to the 2nd respondent, for affecting necessary publication, but yet, the same has not been so far published. In such circumstances, this writ petition is disposed of directing the 2nd respondent to effect the publication of the erratum notification, on the basis of Ext.P5 decision taken by the LLMC and the communication forwarded by the 4th respondent in this regard on 11.01.2021. Necessary orders in this regard shall be taken within a period of two months from the date of receipt of copy of this judgment.