Siri Jagan, J.

The subject matter of this writ appeal is a road which the Manjalloor Grama Panchayat claims is a public road and the appellants claim the same to be part of their private properties. The appellants claim that appellants 1 and 2 are the owners of the land in different sub divisions in Survey No.552 of Manjalloor Grama Panchayat in Ernakulam District which they claimed to have obtained by sale deed in 1995. The lands were originally paddy fields which were later converted into dry lands. The local residents were using a pathway of about 6 ft. wide on the eastern side of the properties. The appellants claim was that part of their properties were surrendered by appellants 1 and 2 to widen the said pathway on the request of the public. While so, some of the members of the public wanted the existing pathway to be straightened through the middle portion of the land belonging to appellants 1 and 2. Considering the public interest involved, appellants 1 and 2 agreed to surrender some of their properties on the belief that they can take back their lands which they had admittedly permitted to put to use as a pathway. According to the appellants, the said pathway had