S RAJENDRAN Vs. DISTRICT COLLECTOR PERAMBALUR DISTRICT

JUDGEMENT

(1.) 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.) LEARNED Government Pleader has also drawn our attention to the decision reported in 2008-4 L.W. 295 (R.Munuswamy ..vs.. The District Collector, Vellore and others). Observing that when specific efficacious alternative remedy is available under Section 133 of the Code, the Writ Court normally would not entertain the Writ Petition, First Bench of this Court has held as under:-