HC extends interim orders till April 30

Move Due To Closure Of Courts

Sureshkumar.K@timesgroup.com

Chennai:27.03.2020

Those facing eviction and those on bail or anticipatory bail due to interim orders of courts can breathe easy as the Madras high court has extended them relief till April 30 across the board. A division bench granted a blanket extension for its interim orders owing to closure of courts due to Covid-19 outbreak.

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, shall remain in abeyance till April 30, unless vacated or modified earlier by any judicial order passed by the appropriate forum by which it was issued, said a division bench of Justice M Sathyanarayanan and Justice Abdul Quddhose on Thursday.

“All interim orders passed by the high court at Madras – principal bench that were subsisting as on March 20, may stand extended till April 30, unless vacated or modified earlier or until further orders of the court unless specifically dealt with by any judicial order to the contrary,” the bench said.

The order was passed in a suo motu plea initiated based on a letter of the Chief Justice AP Sahi dated March 26.

“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,” the bench said.

Adding that all orders passed by the courts exercising criminal jurisdiction having granted bail, anticipatory bail or parole for a limited period which are likely to expire on or before April 30 shall stand extended till April 30, the court said that it is 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.

This apart, 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 advocate-general, the judges said.

The order has been passed in view of complete lockdown across the country.