ORDER
1. This writ petition is for issue of writ of mandamus forbearing the respondents from demolishing the respective sheds of the petitioners pursuant to the notice dated 10.3.1994, on the file of the respondents without following the due process of law.
2. In the affidavit, it is stated that the petitioners are poor vendors and they put up sheds on road margin for more than ten years. The impugned notice was issued as to why they should not be evicted within seven days. The petitioners submitted a reply for the show cause notice explaining their economic status and pleaded with the respondent to assign the respective lands by dropping the intended action. The first petitioner had put up a shed 10’x 10′ for vegetable vending and the second petitioner had put up a shed for selling lottery tickets. The petitioners are protected tenants and the shed should never be construed as unauthorised, as the petitioners are paying the rent periodically for ten years. Therefore, the petitioners prayed for writ of mandamus to forbear the respondents from demolishing the respective sheds of the petitioners, in pursuance of the notice without following the procedure established by law.
3. The counsel for the petitioners submitted that the petitioners are not encroachers of the said lands and it is proved by the Sungam receipt issued by the authorities; a xerox copy of the same is filed herewith. Therefore, the petitioners are the lessees of the land and they cannot be evicted without following the due process of law, viz., without approaching the Civil Court for eviction.
4. it is seen from the impugned notices issued by the Executive Officer, Kothagiri Town Panchayat to the respective petitioners stating that they have encroached the area and therefore, they were asked to vacate within seven days, failing which action will be taken under Panchayat Act. Therefore, the impugned notices clearly show that they would be evicted only according to the rules provided under the Panchayat Act. The case of the petitioners is that they were lessees and their occupation is legal and valid. The documents that are submitted in proof of the lease are xerox copies of Sungam receipts issued by the Daily Shandy of Kothagiri Town Panchayat, one is dated 14.11.1994 and another one is dated 1.5.1994. Sungam receipt is only a fee collected by each day. It is not a lease amount and it is paid only for a day and the petitioner was permitted for that day to carry on the business. By no stretch of imagination, it can be construed as lease paid by the petitioners. The contention that the petitioners are lessees has not been established. From the impugned notices, it is clear that the petitioners encroached the area specified therein. Therefore, under the Panchayat Act, the Panchayat can evict unauthorised occupation. Therefore, the impugned notices cannot be set aside. Petition is dismissed. No costs. Consequently, W.M.P.29085 of 1994 is closed.