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 never vested in the Panchayat in accordance with law nor has any intimation been sent to the appellants 1 and 2 to that effect. Though the public were using the road, the land remained in the same survey number in the title and ownership of the appellants 1 and 2, contend the appellants. The appellants would further contend that no vesting has taken place in respect of that pathway in the Panchayat, in the absence of any notification in terms of Section 169 of the Kerala Panchayat Raj Act. At that time, one N.J. George and joshi Sebastian attempted to trespass into the properties of the appellants 1 and 2 in respect of which a suit was filed before the Munsiff’s Court, Muvattupusha as O.S. No.192/2005, which is pending and in which an order of injunction has been passed restraining the said two persons from trespassing upon the property of appellants 1 and 2 and destroying the cultivation therein. The said N.J. George is the 4th respondent in this writ appeal.

2. While so, the Secretary of the 3rd respondent-Grama Panchayat issued a letter to the appellants directing restoration of the old pathway which the appellants 1 and 2 had encroached into. The appellants filed appeal before the Panchayat Committee in which the Panchayat passed Ext.P1 resolution resolving to release to appellants 1 and 2 the property covered by the old pathway as and when they surrender property for the new pathway. That resolution of the Panchayat was challenged before this Court in W.P.(C) No.15907/2005 by the 5th respondent and another in which appellants 1 and 2 were respondents. In that writ petition, by Ext.P2 judgment, this Court directed the Deputy Director of Panchayats to decide the issue involved after hearing the parties, which has become final since nobody took up the same in appeal. Pursuant to the said judgment, the Panchayat Deputy Director, Ernakulam passed Ext.P3 order wherein the Deputy Director held that the old pathway was a public road which had already vested in the Panchayat under Section 169 of the Kerala Panchayat Raj Act and appellants 1 and 2, who are the owners of adjacent properties have encroached into the said public road. Since in order to transfer properties vested in the Panchayat, Gazette notification under Section 169(4) is necessary, the encroachment by appellants 1 and 2 is unauthorized and illegal. Accordingly, the Deputy Director directed appellants 1 and 2 to restore the pathway, which was encroached into by them, within three months. There was a further direction that for the present, all expenses for restoring the said public road shall be met from the Panchayat fund and such expenses together within the penalty under the Kerala Panchayat Raj) Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorized Occupation)