OFFICIAL MEMORANDUM & NOTIFICATION_1.pdf - District ...

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R.O.C.NO.23991-C/2020/C3

NOTIFICATION NO. 47-A/2020

It is reported that there is an increase in the number of detected cases of

Coronavirus and a large number of Districts of the State are within red-zones,

including the Districts of Chennai and Madurai, where the Principal Seat and the

Bench of the High Court are situate. The spread may gain higher proportions in the

coming week of May 2020. In between, the State Government also intensified the

lockdown from 26.4.2020 to 29.4.2020 in several Corporations, including the

Municipal Corporation of Chennai and Madurai. The state of uncertainty with

regard to either the lifting of the lockdown or staggered functioning is yet to be

declared by the State Government as well as by the Central Government.

In view of the above, as notified vide Notification No.47/2020, dated

18.04.2020, it may not be appropriate to resume regular and normal functioning as

that may invite the possibility of congregation of lawyers and litigants, and violation

of physical distancing norms keeping in view the large number of lawyers practising

in the High Court, together with their staff.In order to ensure physical distancing

norms, threats of spread of the endemic by physical contact, and to avoid any

complications arising therefrom, the system of hearing of matters only through

remote video conferencing shall be continued.

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It is therefore notified that the level and volume of functioning is hereby

enhanced in a limited staggered manner for the time being till 31st of May, 2020,

which will continue till the lockdown is lifted or relaxed, only through video-

conferencing as was being conducted till now or a decision is taken otherwise for

resumption of normal functioning.

In view of the above, and considering the various suggestions that have been

made by the State Bar Council; the respective Bar Associations of the High Court,

whose opinions have been received; the opinion of the Advocate General, and the

views of certain other District Bar Associations and individual lawyers, including

Senior Advocates, Notification No.47/2020 dated 18.04.2020, issued for regular

functioning in the month of May, 2020 stands modified to the effect that instead of

the regular functioning of Courts, the High Court at Principal Seat shall function

through video-conferencing only, with the Hon'ble Judges from their residences.

This staggered functioning be conducted with the strength of Two Division Benches

and Ten Single Judges.

The Bench at Madurai having a slightly different set up, being at a

considerable distance from the township and with all the Judges living within the

campus of the High Court, presently 15 in number including the Hon'ble

Administrative Judge, will function from their residences or their chambers through

video-conferencing only. The subject matter of urgent cases to be taken up can be

allocated amongst all the available Judges at Madurai Bench and the Additional

Registrar General (i/c) cum Registrar (Judicial), the Registrar Administration and the

Additional Registrar (I.T.) shall make all necessary arrangements for the same with

the permission of the Hon'ble Administrative Judge.

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In addition to, the Hon’ble Chief Justice having taken notice of the

Notification No.40-3/2020 DM-I (A) dated 1st of May, 2020 issued by the Ministry

of Home Affairs, Government of India, New Delhi was pleased to direct that the

judicial functioning of the High Court, both at Principal Seat and at Madurai Bench,

shall be conducted strictly through video-conferencing only and the e-filing / e-mail

filing system, as was being done before subject to all the prescriptions additionally

provided in the aforesaid Notification of the Ministry of Home Affairs restricting

movement in Containment Areas.

The functioning in the month of May 2020 of the High Court Madras and

Madurai Bench of Madras High Court, Madurai, as already notified vide High

Court's Notification No.47/2020 dt.18.04.2020 stands modified as mentioned above.

HIGH COURT,MADRAS SD/- C.KUMARAPPAN

DATED: 01.05.2020. REGISTRAR GENERAL

To

1. All the Hon'ble Judges (for information).

2. All the Registrars, High Court, Madras and Madurai Bench of Madras High

Court, Madurai.

3. All the Officers, High Court, Madras and Madurai Bench of Madras High

Court, Madurai.

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4. The Secretary to His Excellency The President of India, New Delhi.

5. The Secretary General, Supreme Court of India, New Delhi.

6. The Chief Secretary to Government, Secretariat, Chennai 9.

7. The Private Secretary to His Excellency The Governor of Tamil Nadu, Raj

Bhavan, Guindy, Chennai.

8. The Chief Secretary to Government of Puducherry, Puducherry.

9. The Secretary to Government, Home Department, Secretariat,Chennai-9

10. The Registrar General, High Court of Judicature @ Patna.

11. The Registrar General, High Court of Madhya Pradesh @ Jabalpur.

12. The Registrar General, High Court of Andhra pradesh @ Amaravati.

13. The Registrar General, High Court of Telangana @ Hyderabad.

14. The Registrar General, High Court of Judicature @ Bombay.

15. The Registrar General, High Court of Punjab & Haryana @ Chandigarh.

16. The Registrar General, High Court of Judicature @ Allahabad.

17. The Registrar General, High Court of Kerala @ Ernakulam.

18. The Registrar General, High Court of Rajasthan @ Jodhpur.

19. The Registrar General, Odisha High Court @ Cuttack.

20. The Registrar General, High Court of Karnataka @ Bangalore.

21. The Registrar General, High Court of Jammu & Kashmir @ Srinagar/Jammu.

22. The Registrar General, High Court of Calcutta @ Kolkatta.

23. The Registrar General, High Court of Himachal Pradesh @ Shimla.

24. The Registrar General, The Gauhati High Court, Guwahati, Assam,

(Nagaland, Mizoram & Arunachal Pradesh)

25. The Registrar General, High Court of Manipur

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26. The Registrar General, High Court of Meghalaya

27. The Registrar General, High Court of Tripura

28. The Registrar General, High Court of Gujarat @ Ahmedabad

29. The Registrar General, High Court of Delhi, New Delhi.

30. The Registrar General, High Court of Sikkim @ Gangtok.

31. The Registrar General, High Court of Chhattisgarh @ Bilaspur.

32. The Registrar General, High Court of Jharkhand @ Ranchi.

33. The Registrar General, High Court of Uttarakhand @ Nainital.

34. The Secretary, Madras Bar Association, High Court, Madras.

35. The Secretary, Madras High Court Advocates' Association, High Court,

Madras.

36. The Secretary, Bar Council of Tamil Nadu &Puducherry, High Court, Madras

37. The Secretary, Women Lawyers Association, Madras.

38. The Secretary, Law Association, Madras.

39. The Organising Secretary, Tamil Nadu Mediation and Conciliation Centre,

High Court Buildings, Madras.

40. The Secretary, Madurai Bench of Madras High Court Bar Association,

Madurai.

41. The Secretary, Madurai Bench High Court Advocates' Association,

Madurai.

42. The Secretary, Madurai Women Lawyers' Association, Madurai.

43. The Secretary, Madras High Court Madurai Bench Advocates' Association,

Madurai.

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44. The Secretary, Madurai Bar Association of Madurai Bench of Madras High

Court,Madurai.

45. Thiru A.L. Somayaji, Senior Advocate, Secretary, Rules Committee,

No.29,30, Old Law Chambers, High Court, Madras.

46. The Director/Asst. Director, Tamil Nadu State Judicial Academy,

Chennai/Madurai/ Coimbatore.

47. All the Principal District Judges/District Judges/District Judge-cum-Chief

Judicial Magistrate.

48. The Principal Judge, City Civil Court, Chennai.

49. The Chief Judge, Court of Small Causes, Chennai.

50. The Presiding Officer, Principal Labour Court, Chennai.

51. The Presiding Officer, Industrial Tribunal, Chennai.

52. The Special Judge, Spl. Court for EC & NDPS Act Cases, Chennai.

53. The Chairman, State Transport Appellate Tribunal, Chennai.

54. The Chairman, Sales Tax Appellate Tribunal, Chennai.

55. The Member/Secretary, Tamil Nadu State Legal Services Authority, High

Court Campus, Madras 104.

56. The Chief Judge, Puducherry.

57. All the Chief Judicial Magistrates in the State of Tamil Nadu.

58. The Chief Metropolitan Magistrate, Egmore, Chennai.

59. The Official Liquidator,'CorporateBhavan', 2nd

floor, No.29, RajajiSalai,

Chennai-1.

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60. All Law Officers including the Administrator General and Official Trustee and

Central Law Officers in the City.

61. The Registrar, Income Tax Appellate Tribunal, RajajiBhavan,Chennai 90.

62. The Registrar, Central Administrative Tribunal, City Civil Court Buildings,

Chennai.

63. The Registrar, State Consumer Disputes Redressal Commission, Fazer Bridge

Road, V.O.C. Nagar Part Town, Chennai-3

64. The Chief Judicial Magistrate, Puducherry.

65. The Registrar, Armed Forces Tribunal, Regional Bench, No.1A (Old MH

Complex), Rudhra Road, St. Thomas Mount, Chennai-16.

66. The Curator, High Court Museum, High Court, Madras.

67. The Accountant General, Anna Salai, Chennai- 18.

68. The Editors, The Hindu, Indian Express, Dinathanthi, Dinamani,Dinakaran,

Dinamalar, Malaimurasu, Madras Times and UNI Madras.

69. The Press Trust of India, United India Colony, Kodambakkam – 600 024.

70. The Press Reporters, High Court, Madras.

71. The Pay and Accounts Officer, High Court Campus, Madras.

72. The Sub Pay and Accounts Officer, Madurai Bench of Madras High Court

Campus, Madurai.

73. The Post Master General, Anna Salai, Chennai-2.

74. The Posting Clerk, Original side, High Court, Madras.

75. The Notice Boards, Appellate Side and Original side

76. The Telephone Operator, High Court, Madras.

77. The Director of Stationery and Printing, Government Press, Chennai.

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78. The Works Manager, Govt. Central Press, Chennai -79.

79. The Dy. Works Manager, Government Press, High Court Buildings, Madras.

80. The Director, All India Radio, Chennai-4 (News Division).

81. The Director, Doordarshan, Chennai-5 (News Division).

82. All the Heads of Section, High Court, Madras and Madurai Bench of Madras

High Court, Madurai.

83. The Secretary, The Madras High Court and Madurai Bench Officers and Staff

Association, Madras.

84. The Secretary, Law Clerks Association, High Court, Madras.

85. The Record Keeper, A.D. Records, High Court, Madras.

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R.O.C.NO.23991-C/2020/C3

OFFICIAL MEMORANDUM

Sub: Courts & Judges – Spread of Corona Virus Pandemic –

Limited functioning of the Subordinate Courts in the

State of Tamil Nadu due to lockdown in the State of

Tamil Nadu - Summer Vacation of the Subordinate Civil

Courts in the State of Tamil Nadu and Union Territory of

Puducherryfrom the 1st of May, 2020 to 31

st of May,

2020 kept in abeyance and adjourned – Further

modification - Orders issued.

Ref: 1. High Court's Official Memorandum in Roc.No.88001-

A/2019/C3, dt.12.12.2019.

2. High Court’s Official Memorandum in Roc.No.88001-

A/2019/C3, dt.13.12.2019

3. High Court’s Official Memorandum in Roc.No.23991-

C/2020/C3, dated 18.04.2020 (For T.N &Puducherry)

As resolved by the Hon’ble Full Court in its Video Conferencing

Meeting dated 30th

of April, 2020, looking to the peculiar grim situation of the

State of Tamil Nadu in relation to the existing status of the threat of Corona

Virus, High Court is of the opinion that in order to meet the situation which is

likely to continue in the month of May, 2020 as predicted, it may not be

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appropriate to resume regular and normal functioning as notified in the

Official Memorandum third cited, as that may invite the possibility of

congregation of lawyers and litigants, andviolation of physical distancing

norms keeping in view the large number of lawyers practising in the State,

together with their staff, and the number of Subordinate Courts and Taluk

Courts spread over throughout the 32 Districts of the State.

However, this continued state of lockdown should also not impede the

functioning of the Courts beyond a limit, yet in order to ensure physical

distancing norms, threats of spread of the endemic by physical contact and to

avoid any complications arising therefrom, the system of hearing of matters

through remote video conferencing be continued.

In view of the above,and considering the various suggestions that have

been made by the State Bar Council; the respective Bar Associations of the

High Court, whose opinions have been received; the opinion of the Advocate

General, and the views of certain other District Bar Associations and

individual lawyers, including Senior Advocates, it is directed that the level

and volume of functioning be enhanced in a limited staggered manner for the

time being till 31st of May, 2020, which will continue till the lockdown is

lifted or relaxed or a decision is taken otherwise for resumption of normal

functioning.

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With the availability of the hardware to all concerned and the software

appliances, coupled with the existing manpower, the Subordinate Courts shall

resume staggered functioning with limited subject matters requiring urgent or

expedient hearing till 31st of May, 2020, and subject to any further decision by

the High Court. The ministerial and subordinate staff to be deployed for the

said purpose shall be divided in shifts in proportions as per requirement, the

total deployment not beyond 33% of the total strength.

The subject matters may range from Matrimonial cases; POSCO cases;

Motor Accident Claims; Domestic Violence cases; Bails and Anticipatory

Bails; Injunctions matters; Ex-parte Motions, Rent Control and such related

matters, which may be conveniently handled through video-conferencing.

The adjustment of subject matters to be spread over proportionately to the

respective jurisdictions of Presiding Officers by the Principal District

Judges/Principal Judge/Chief Judge allocating work to the Judicial Officers

rank-wise and by turns, accommodating cases as per the limited staff

available.

In the event of any further necessity, the Principal District

Judges/Principal Judge/Chief Judge concerned may contact the High Court for

further instructions and requirements. The Subordinate Courts are further

directed to await further advisories from the High Court.

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Today, the Ministry of Home Affairs, Government of India, New Delhi,

vide Notification No.40-3/2020-DM-I(A) dated 1st of May, 2020 has further

announced the extension of the lockdown for a period of further two weeks

with effect from 4th

of May, 2020. The said Notification along with new

Guidelines issued by the Central Government today (1st of May, 2020) on

lockdown measures was placed before the Hon’ble Chief Justice, who was

pleased to issue further directions that since movement restrictions and

measures for safety of persons with specifics regarding Containment Zones in

the Red, Orange and Green have been issued, the Principal District Judges /

Principal Judge, City Civil Court, Chennai / Chief Judge, Court of

SmallCauses, Chennai / Chief Judge, Puducherry may ensure that the said

lockdown guidelines are strictly observed while deploying staff for carrying

out the essential judicial services to the bare minimum that may be required in

this given circumstance of lockdown being continued. It has been clarified by

the Hon’ble Chief Justice that deployment of staff need not be necessary to the

maximum limit of 33% and may be kept at the minimum level. This should be

accompanied by all strict norms pertaining to Sanitation, Social Distancing

and all such measures as notified earlier.

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The functioning in the month of May, 2020 of the Subordinate Civil

Courts in the State of Tamil Nadu and Union Territory of Puducherry as

notified in R.O.C.No.23991-C/2020/C3 dated 18.04.2020 stands modified as

mentioned above.

HIGH COURT, MADRAS SD/- C.KUMARAPPAN

DATED: 01.05.2020. REGISTRAR GENERAL

To

01. All the Hon'ble Judges (for information).

02. All the Registrars, High Court, Madras and Madurai Bench of Madras


03. All the Principal District Judges/District Judges

04. The Principal Judge, City Civil Court, Chennai

05. The VIII Additional Judge/IX Additional Judge/XI Additional Judge/XII

Additional Judge/XIII Additional Judge/XIV Additional Judge

(CBI cases), Chennai

06. The Chief Judge, Court of Small Causes, Chennai

07. The Administrator General and Official Trustee, Chennai

08. The Chief Metropolitan Magistrate, Egmore, Chennai

09. The Additional Chief Metropolitan Magistrate (E.O.I), Egmore, Chennai

10. The Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai

11. The Presiding Officer, Principal Labour Court/I Additional Labour Court/

II Additional Labour Court/III Additional Labour Court, Chennai

12. The Presiding Officer, Labour Court, Coimbatore/ Cuddlore/ Madurai/

Salem/Tiruchirappalli/Tirunelveli

13. The Presiding Officer, Principal/Additional Labour Court, Vellore

14. The Presiding Officer, Industrial Tribunal Chennai.

15. The Additional District Judge and Presiding Officer, Special Court under

Essential Commodities Act, Chennai/Coimbatore /Madurai/ Pudukottai/

Salem/ Thanjavur

16. The Judge, Additional Special Court for Exclusive trial of cases under

NDPS Act, Chennai.

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17. The Principal Judge and I to VII Additional Principal Judges Family

Courts, Chennai

18.The Judge, Family Court, Coimbatore/ Dharmapuri/ Dindigul/ Erode/

Madurai/Udhagamandalam/Salem/Sivagangai/Tiruchirappalli/Tirunelveli/

Tiruvallur/ Vellore/Virudhunagar @Srivilliputhur

19. The City Government Pleader, City Civil Court Buildings, Chennai.

20. All the Chief Judicial Magistrate.

21. The Special Judge,Special Court under TNPID Act,Chennai/ Coimbatore/

Madurai

22. The Sessions Judge, Sessions Court for Trial of Bomb Blast Cases,

Chennai at Poonamallee/Coimbatore.

23.The Director/Additional Director, Tamil Nadu State Judicial Academy,

Chennai, Coimbatore and Madurai

24. The Chairman, (Tamil Nadu) Sales Tax Appellate Tribunal, Chennai

25. The Member Secretary, Tamil Nadu State Legal Services Authority,

Chennai

26. The Secretary, High court, Legal Services Committee, Chennai.

27. The Member Secretary, Pondicherry Legal Services Authority,

Pondicherry

28. The State Transport Appellate Tribunal Chennai 104, by its Chairman

29. The Chairman,/Judicial Officer, Taxation Appeals Tribunal, Corporation of

Chennai, Chennai

30. The II Additional District Judge (CBI Cases), Coimbatore/Madurai.

31. The III Additional District Judge (PCR), Madurai/II Additional District

Judge (PCR), Tirunelveli

32. The I Additional District Judge (PCR), Thanjavur/Tiruchirappalli

33. The Sessions Judge, Sessions Court for Trial of Cases relating to

Communal Clashes, Madurai

34. The Chief Judge, Puducherry.

35. The Chief Judicial Magistrate, Puducherry.

36. The Secretary, Madras Bar Association, High Court, Madras.

37. The Secretary, Madras High Court Advocates' Association, High Court,

Madras.

38.The Secretary, Bar Council of Tamil Nadu & Puducherry, High Court,

Madras

39. The Secretary, Women Lawyers Association, Madras.

40. The Secretary, Law Association, Madras.

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41. The Organising Secretary, Tamil Nadu Mediation and Conciliation Centre,

High Court Buildings, Madras.

42. The Secretary, Madurai Bench of Madras High Court Bar Association,

Madurai.

43.The Secretary, Madurai Bench High Court Advocates' Association,

Madurai.

44. The Secretary, Madurai Women Lawyers' Association, Madurai.

45. The Secretary, Madras High Court Madurai Bench Advocates'Association,

Madurai

46. The Secretary, Madurai Bar Association of Madurai Bench of Madras


47. The Chairman,Federation of District and Subordinate Courts Bar

Associations of Tamil Nadu and Pondicherry, No.1-A6, Trichy Main

Road, Namakkal 637 001.

48. The Official Liquidator, 'Corporate Bhavan',2nd


Chennai-1.

49. All Law Officers including the Administrator General and Official Trustee

And Central Law Officers in the City.

50. The Registrar, Income Tax Appellate Tribunal, RajajiBhavan, Chennai 90.

51. The Secretary, Railway Rates Tribunal of India, No.5, Dr.P.V.Cherian

Crescent Road, Egmore, Chennai-105.

52. The Registrar,Central Administrative Tribunal, City Civil Court Bldgs,

Chennai

53. The Registrar, Railway Claims Tribunal,No.50,Mc.Nicholas Rd, Chetpet,

Chennai-31.

54. The Registrar, State Consumer Disputes Redressal Commission, Slum

Clearance Board Buildings, II Floor, 212, R.K.Mutt Road, Chennai-4.

55. The Registrar, Armed Forces Tribunal, Regional Bench, No.1A,

(Old MH Complex), Rudhra Road, St. Thomas Mount, Chennai-16.

56. The Curator, High Court Museum, High Court, Madras.

57. The Accountant General, Anna Salai, Chennai- 18.

58. The Editors, The Hindu, Indian Express, Dinathanthi, Dinamani,

Dinakaran, Dinamalar, Malaimurasu, Madras Times and UNI Madras.

59. The Press Trust of India, United India Colony, Kodambakkam,Chennai-24.

60. The Press Reporters, High Court, Madras.

61. The Pay and Accounts Officer, High Court Campus, Madras.

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62. The Sub Pay and Accounts Officer, Madurai Bench of Madras High Court,

Campus, Madurai.

63. The Post Master General, Anna Salai, Chennai-2.



66. The Dy. Works Manager, Government Press, High Court Buildings,

Madras.


68. The Director, Doordarshan, Chennai-5 (News Division).

69. The Official Liquidator, 'Corporate Bhavan', 2nd


Chennai-1.

70. The Registrar, Income Tax Appellate Tribunal, RajajiBhavan, Chennai 90.

71. The Secretary, Railway Rates Tribunal of India, No.5, Dr.P.V.Cherian

Crescent Road, Egmore, Chennai-105.

72. The Registrar, Central Administrative Tribunal, City Civil Court Bldgs,

Chennai

73. The Registrar, Railway Claims Tribunal,No.50,Mc.Nicholas Rd, Chetpet,

Chennai -31.

74. The Registrar, State Consumer Disputes Redressal Commission, Slum

Clearance Board Buildings, II Floor, 212, R.K.Mutt Road, Chennai-4.

75. The Registrar, Armed Forces Tribunal, Regional Bench, No.1A,

(Old MH Complex), Rudhra Road, St. Thomas Mount, Chennai-16. .



78.The Dy. Works Manager, Government Press, High Court Buildings,

Madras.


80. The Secretary, Law Clerks Association, High Court, Madras.

(All the Heads of Units are requested to communicate this Official

Memorandum to all the Subordinates under their control)

Copy to : 01. The Section Officers, B, B5, F& Protocol Sections, High Court, Madras andMadurai

Bench of Madras High Court, Madurai.

02. The Section Officer, “C” Section, Madurai Bench of Madras High Court,

Madurai

03. The Chief Posting Clerk, Appellate Side, High Court, Madras.

04. The Record Keeper, A.D. Records, High Court, Madras.

Spare +15

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