JUDGMENT :

This writ petition is filed by the petitioner seeking the following relief:

“(i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent not to proceed with the formation and widening of the road Mukkilpeedika-Nellikkaparambu through the western side of the property comprised in R.S.No.271/1 & 3 of Kannamangalam Village without obtaining written relinquishment letter from the petitioner.”

2. The case projected by the petitioner is that, petitioner is the owner of an extent of 31 cents of land in Re Survey No.271/1 and 3 of Kannamangalam Village, Malappuram District, secured by the petitioner as per Exhibit P1 partition deed. The grievance of the petitioner is that the western boundary of the property was an idavazhi (small bye-lane) as can be seen from Exhibit P1. It was subsequently made as a Panchayat road. The Panchayat wanted to widen the road after securing surrender of the properties from the owners on either side of the idavazhi. The case of the petitioner is that the petitioner or his relatives did not submit any relinquishment letter or surrender letter. However, the Panchayat, with the assistance of the Police, w