In the wake of the public announcement of the Government of India of complete lockdown in the entire nation, the Madras High Court has extended the life of all the interim orders passed by it, that were subsisting as on March 20, till April 30.
The high court has also put all unexecuted orders of eviction, dispossession or demolition passed by it or the courts subordinate to it, in abeyance till April 30.
The court has also clarified that in case the extension of the interim orders causes undue hardship of any extreme nature to any party, they would be at liberty to seek appropriate relief as may be advised.
The order has been passed in a suo moto case registered by a division bench of Justice M. Sathyanarayanan and Justice Abdul Quddhose. The court has ordered:
- All interim orders passed by the High Court at Madras – Principal Bench that were subsisting as on 20th March, 2020 may stand extended till 30 th 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.
- The aforesaid directions may be subject to any orders to the contrary having been passed by the Hon'ble 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.