R. Banumathi, J.

The petitioner seeks writ of mandamus directing respondents 1 to 3 to remove the encroachment made by respondents 4 to 6 in the common pathway comprised in S.No.436/11 of the Mettupalayam Village and Post, Veppanthattai Taluk, Perambalur District.

2. The grievance of the petitioner is that respondents 4 to 6 had encroached the common pathway in the year 2005 by putting cattle hut and some other constructions in the above said common pathway situated at S.No.436/11, Mettupalayam Village. By fabricating original extent of land i.e., 17 x 41 feet to 21 x 65 feet, totally 697 feet and thereby encroached upon the common pathway causing nuisance and disturbance to the petitioner. Further grievance of the petitioner is that by such encroachment both petitioner as well as other public have hardship to free access in common pathway situated in S.No.436/11, Mettupalayam Village.

3. We have heard learned counsel for the petitioner and the learned Special Government Pleader for respondents 1 to 3.

4. Admittedly, the petitioner and other public have preferred petition before the District Collector, Perambalur, under Sections 133, 144 and 145 of Code of Criminal P