Due process in eviction proceedings requires prior notice and an opportunity to respond.

(Order of the Court was made by S.M.SUBRAMANIAM,J.,)

Writ Petition has been instituted challenging the notice issued by the Tamil Nadu Urban Habitat Development Board for eviction of encroachers from the boundaries of tenament, since it is causing obstructions to the tenament as well as the public at large and to construct a new block by demolishing the existing structures.

2. Learned counsel for the petitioner would submit that the petitioner has already instituted a Civil Suit and a decree came to be issued in his favour.

3. In the present Writ Petition, the petitioner has challenged the eviction notice. If at all the petitioner claims any right, he has to reply to the notice by submitting a representation along with documents, if any.

4. However, the learned Standing Counsel appearing for the Tamil Nadu Urban Habitat Development Board would submit that the petitioner is found to be eligible for allotment and since an application has not been submitted by the petitioner, his case was not considered for allotment and in the event of receiving an application from the petitioner, subject to eligibility, his case will be considered. Therefore, the present Writ Petition is unnecessary.

5. Hence, the Writ Petition stands dismissed. No costs.