COVID-19: Kerala High Court Extends Interim Orders Till 27th August In View Of Upcoming Vacation

A full bench of the Kerala High Court on Friday extended the validity of interim orders till 27th August considering the difficulties lawyers may have to face if the stay on orders is vacated before the upcoming vacation. 

Chief Justice S Manikumar, Justice C.T Ravikumar, and Justice Shaji P Chaly while disposing of the suo motu petition held that during the intervening period between 24th till 27th August, the parties are entitled to seek vacation of the stay granted by this order. 

Advocate General K. Gopalakrishna Kurup produced the latest Government Order dated 4th August while adding that all the preceding orders issued by the State were superseded by this recent order. He also suggested that the interim orders which have been periodically extended over the last couple of months may be extended further till the reopening day after vacation, i.e, 24th August. 

Advocate Thomas Abraham, President of the High Court Advocate Association submitted that during the vacation, filing was permitted only on few days and regular matters will not be taken up except with the leave of the court.

According to him, if the stay is vacated now, it will be difficult for litigants and their counsels to move urgent applications on the reopening day. Therefore, he also pressed that the interim orders passed in the instant suo motu petition be extended further. According to him, that would also lessen the burden on the Registry. 

The full bench upon perusal of the Government Order, noted that shops, markets, banks, offices, financial institutions, factories, industrial establishments, open tourist spaces, and other establishments were allowed to function from Monday to Saturday.

All public sector establishments were also allowed to function, and transportation was restored as well. In the light of these relaxations, there will not be any difficulty for the litigants or their respective counsels to approach the courts/tribunals to vindicate their rights.

The Court declared that interim orders were extended on various occasions previously considering the difficulty of the litigants and their lawyers, but these difficulties were no more in existence. 

The Court agreed with the Counsel that during vacation, unless leave is granted to move any urgent application, other matters are not normally listed. If the stay is vacated from today, litigants may have to file applications on the reopening day, for extension of any interim order passed in a particular case. 

Considering the above aspects, the Bench held as such:

"Having regard to the difficulties expressed, it is desirable to extend the general orders, issued in this suo motu writ petition up to 27.8.2021. During the intervening period from 24.8.2021 to 27.8.2021, parties are at liberty to seek for vacating of interim order already granted, is reiterated. Liberty given to file applications for extension of any interim order, in any particular case, from 31.8.2021."

Accordingly, the petition was disposed of.

The Court goes on vacation from 14th August till 23rd August for Onam.   

Case Title: Suo Motu v. State of Kerala

Click Here To Read Order