road, the Panchayat had constructed a culvert spending an amount of Rs.1,04,525/-. There is a further finding that it is through the said road that the pipes for water supply in the Panchayat from the tube well pump house lie. Further in Ext. R3(a) sale deed by which appellants 1 and 2 purchased the property, the eastern boundary is shown as 'road'. When appellants 1 and 2 have no case that there is any other road on the eastern boundary of the appellants' property other than the road in question, it defies logic as to how the appellants 1 and 2 who claimed title on the basis of Ext. R3(g) can contend that the road belongs to them. Moreover, they themselves admitted in the Writ Petition that the “local residents were using a pathway about 6' wide on the eastern side of the properties.” Therefore, there is overwhelming evidence in this case to show that the road in question in fact, is vested in the Panchayat by virtue of S.169(1) and therefore under S.170 of the Kerala Panchayat Raj Act as also under the provisions of the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules, 1996, the Panchayat has the power and in fact a duty to take steps to restore the same for public use by protecting the same from encroachment by appellants 1 and 2. As noted by the learned Single Judge, S.272 also provides that all roads vested in or maintained by a Panchayat shall be open to the use and enjoyment of all persons irrespective of their
