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Madras HC Extends Duration Of Interim Orders Up To 1st June

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The Madras High Court on Saturday has extended the period of interim orders such as bail, anticipatory bail, parole, general encroachment drives, State revenue recovery measures and proceedings relating to demolition and eviction till 1st June, 2020.

Acting upon a suo moto writ petition, the division bench comprising of Justice M. Sathyanarayanan & Justice M. Nirmal Kumar, observed that the Revenue and Disaster Management (D.M.II) Department, has passed an order dated 24.04.2020 and issued a notification.  In the said notification, the Government took into consideration the current situation and observation of the Medical and Public Experts, has decided the following:-

  • To intensity the presrent lock down measure, a complete lock down will be implemented in the Corporation limits of Chennai, Coimbatore and Madurai from 26.04.2020 Sunday 06.00 A.M. to 29.04.2020 Wednesday 09.00 P.M.
  • Complete lock down will also be implemented in Corporation limits of Salem and Tirupur from 26.04.2020 Sunday 06.00 A.M. to 28.04.2020 Tuesday 09.00 P.M.

It is further indicated in the said G.O. that apart from the essential services permitted, all other activities are not allowed in the above said period; Other Government offices (including Registration Offices) shall not function. IT Sector staffs may work from home and private establishments shall remain closed.

Earlier, the High Court on 26th of March, in view of the outbreak of pandemic COVID-19 and subsequent lockdown has passed following order:-

  • In exercise of the powers under Art.226 and Art.227 of the Constitution of India read with Sec.482 and Sec.483 of Cr.P.C, keeping in view the extraordinary situation which has arisen, it appears appropriate to undertake extraordinary remedies by issuing certain directions in order to ensure the smooth administration of justice and prevent any form of obstruction or miscarriage of justice.
  • All interim orders passed by the High Court at Madras Bench that were subsisting as on 20 March, 2020 may stand extended till 30h 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.
  • 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.

The High Court after taking into consideration of the current situation/scenario, has extended the period of directions issued in the order dated 26th March to 01st of June, 2020.

-India Legal Bureau

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