Madras High Court campus
Madras High Court campus
Litigation News

Madras High Court extends interim orders till April 30 amidst Coronavirus Lockdown [Read Order]

Inter alia, the Court has also issued directions to stall unexecuted orders of eviction, demolition and dispossession passed by all courts (High Court, District Courts, Civil Courts) until then.

Meera Emmanuel

In view of the country-wide lockdown to combat the spread of the Novel Coronavirus (COVID-19) and given the restricted access to courts during this time, the Principal Bench of the Madras High Court has extended the life of all its interim orders until April 30.

Further, the Court has also issued directions to stay unexecuted orders eviction, demolition and dispossession passed by courts in Tamil Nadu (High Court, District Courts, Civil Courts) until then.

Moreover, orders granting bail, anticipatory bail and parole which are likely to expire during this period, passed by courts in the State, have also been extended to April 30.

The Court, however added that where such extension causes undue hardship of any extreme nature to any of party, or if there is an extreme urgency on this count is indicated by the State, such persons may seek appropriate relief.

The Court has also urged the Government to refrain from carrying out encroachment drives, revenue recovery measures, demolition/eviction and other actions that are likely to prompt immediate litigation in the High Court during this time.

The order was passed by Justices M Sathyanarayanan and Abdul Quddhose on Thursday, invoking the High Court's powers under Articles 226 and 227 of the Constitution of India, read with Sections 482 and 483 of the Code of Criminal Procedure.

The full list of directions given by the Bench are as follows:

  • All interim orders passed by the Madras High Court, Principal Bench that were subsisting as on 20th March, 2020 may stand extended till 30th April, 2020, unless vacated or modified earlier or until further orders of the Court, unless specifically dealt with by any judicial order to the contrary.

  • All orders of eviction, dispossession or demolition which have not been executed till date on the orders of the High Court, District Courts or the Civil Courts, the same shall remain in abeyance till 30th April, 2020 unless vacated or modified earlier by any judicial order passed by the appropriate forum by which it was issued.

  • All orders passed by the Courts exercising criminal jurisdiction having granted bail, anticipatory bail or parole etc., for a limited period which are likely to expire on or before 30th April, 2020 shall stand extended till 30th April, 2020 subject to any orders passed by the said forums even before the said expiry date or thereafter to enable the respective courts to deal with any abuse of the orders of the concerned party.

  • These directions may be subject to any orders to the contrary having been passed by the Supreme Court of India in any particular matter.

  • It can also be clarified that in case the extension of the interim orders causes undue hardship of any extreme nature to any of the parties to such proceedings or a matter of extreme urgency being indicated by the State or its authorities, they would be at liberty to seek appropriate relief as may be advised.

  • Such interim orders or directions which are not of a limited duration shall continue to operate and will remain unaffected.

  • General encroachment drives, State revenue recovery measures, proceedings relating to demolition and eviction and other actions that are likely to give rise to an immediate litigation in the High Court may be kept temporarily in abeyance subject to any measures for which advise may be sought from the learned Advocate General.

[Read the Order]

Suo Motu W.P.No.7413 of 2020 - Madras HC Order - COVID-19.pdf
Preview
Bar and Bench - Indian Legal news
www.barandbench.com