JUDICIAL NOTIFICATIONS - The High Court of Madras (Conduct of Proceedings by Party-In-Person) Rules, 2019

© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2019 [Price : Rs. 2.40 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 45] CHENNAI, WEDNESDAY, NOVEMBER 6, 2019 Aippasi 20, Vikari, Thiruvalluvar Aandu–2050 Part III—Section 2 Statutory Notifi cations and Orders issued by Heads of Departments. NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. CONTENTS Pages. INDIAN RAILWAYS Public Notifi cation .. .. .. .. .. .. .. 92-93 JUDICIAL NOTIFICATIONS The High Court of Madras (Conduct of Proceedings by Party-In-Person) Rules, 2019 .. 93-96 [91] DTP—III-2 (45)92 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC. INDIAN RAILWAYS (No. RVNL/MAS/Elec/X/1) (Pro-forma 10-01) "PUBLIC NOTIFICATION" No. SRO C-13/2019. Notice is hereby given to all users of Railway lines and premises situated on the completed Section of the under-noted Section of the Southern Railway that the 25000 Volt, 50 Hz, ac, single phase overhead traction wires will be energised on or after the date specifi ed against the Section. On and from the same date the overhead traction line shall be treated as "LIVE" at all times and no unauthorised person shall approach or work in the proximity of the said overhead line. Section Date Energisation of Overhead Equipment on the newly laid track, as part of the Railway Electrifi cation of Villupuram - Cuddalore Port - Mayiladuturai - Thanjavur & Mayiladuturai - Thiruvarur Sections comprising of 228 RKM / 286 TKM of Tiruchirappalli Division, Southern Railway, Tamil Nadu between (i) Cuddalore Port Junction and Mayiladuturai Junction Stations, from OHE Mast Location 31-01-2020 No. 210/46 (Km/Ch.210/816.50) to OHE Mast Location No. 286/5 (Km/Ch.286/141.50 & (ii) from Myliaduturai Junction to Thiruvarur Stations from OHE Mast Location No. MV/1036) (Km/Ch.00/00) to OHE Mast Location No. 37/33 (Km/Ch.37/566.00) ac single phase system on Cuddalore Port Junction - Mayiladuturai Junction - Thiruvarur Sections in Tiruchirappalli Division of Southern Railway. Chennai-600 008, P.K. SELVAN, 1st November 2019. Deputy Chief Electrical Engineer/OHE, for Chief Electrical Engineer/ Construction Southern Railway, Chennai Egmore. (No. RVNL/MAS/Elec/X/1) INTRODUCTION OF ac 25 kV TRACTION (Pro-forma 10-02) "WARNING TO ROAD USERS" No. SRO C-14/2019. It is notifi ed for information of the public that in connection with introduction of 25 kV ac electric traction on the newly laid track, as part of the Railway Electrifi cation of Villupuram - Cuddalore Port - Mayiladuturai - Thanjavur & Mayiladuturai - Thiruvarur Sections comprising of 228 RKM / 286 TKM of Tiruchirappalli Division, Southern Railway, Tamil Nadu between (i) Cuddalore Port Junction and Mayiladuturai Junction Stations, from OHE Mast Location No. 210/46 (Km/Ch.210/816.50) to OHE Mast Location No. 286/5 (Km/Ch.286/141.50 & (ii) from Mayiladuturai Junction to Thiruvarur Stations from OHE Mast Location No. MV/1036 (Km/Ch.00/00) to OHE Mast Location No. 37/33 (Km/Ch:37/566.00) ac single phase system on Cuddalore Port Junction - Mayiladuturai Junction-Thiruvarur Sections in Tiruchirappalli Division of Southern Railway between in Tiruchirappalli Division of Southern Railway, height gauges have been erected at all the level crossings with clear height of 4.67 m above road level with a view to prevent loads of excessive height from coming into contact or dangerous proximity to live traction wires.Nov. 6, 2019] TAMIL NADU GOVERNMENT GAZETTE 93 Public are hereby notifi ed to observe the height specifi ed above for the purpose of loading Vehicles and to see that the load carried in road vehicles do not infringe the height gauges under any circumstances. The dangers of a load of excessive height are as follows: (i) Danger to the height gauge and consequent obstruction to the road as well as the railway line. (ii) Danger to the materials or equipment carried or for the Vehicle itself. (iii) Danger of fi re and risk of life due to contact with or dangerous proximity to the conductors. No.E.320/RVNL/CRS Chennai-600 008. P.K. SELVAN, 1st November 2019. Deputy Chief Electrical Engineer/OHE for Chief Electrical Engineer/ Construction Southern Railway, Chennai Egmore. JUDICIAL NOTIFICATIONS The High Court of Madras (Conduct of Proceedings by Party-In-Person) Rules, 2019. (Roc.No. 83831-A/2019/F1) No. SRO C-15/2019. In exercise of powers conferred by Article 225 and 226 of the Constitution of India, the High Court of Madras hereby makes the following Rules for regulating the practice and procedure for conduct of proceedings by Party–in-Person, in the Principal Seat at Madras High Court and Madurai Bench of Madras High Court, Madurai. P(cid:3482)(cid:3469)(cid:3476)(cid:3473)(cid:3477)(cid:3473)(cid:3478)(cid:3465)(cid:3482)(cid:3489) 1. Short Title : These Rules shall be called as ‘The High Court of Madras (Conduct of Proceedings by Party–in-Person) Rules, 2019’. 2. Commencement : -These Rules shall come into force on and from the date of their publication in the Offi cial Gazette. 3. Defi nitions : - In these Rules, unless the context otherwise requires : (1) “High Court” means the Principal Seat at Madras High Court and Madurai Bench of Madras High Court, Madurai. (2) “Party-in-Person Committee” means the Committee as is constituted by the Hon’ble the Chief Justice. (3) “Party –in-Person” means and includes a person, who intends to plead, appear and argue his or her own case before the High Court, not through an Advocate. 4. Presentation of Proceedings in – person by parties: - The presentation of any matter or proceedings by the person not represented by an Advocate shall be made by such person personally in fi ling counter of the High Court. (Apart from case papers a party–in-person is required to submit at least one proof of identity with full address, such as Aadhar Card, Ration Card, Bank Pass Book with Photo, PAN Card, Driving Licence, Passport, Recent Colour photo Identity Card or Voter Identity Card along with Mobile Number and e-mail ID) 5. Application for Permission to appear in-person:- (1) Whenever a party wants to appear and argue the case in-person, he/she shall fi rst fi le an application duly attested by Oath Commissioner or Notary along with the proceedings seeking permission to appear in-person. The application shall indicate reasons as to why he/she cannot or does not want to engage an Advocate and wants to appear and argue in-person with an Undertaking that if Court appoints for better assistance of the Court and for proper adjudication of the case an Advocate as amicus curiae or one from the panel advocates of High Court Legal Services Committee, the party will accept such an appointment unconditionally;94 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 (2) The party-in-person Committee may suggest a few names of advocates from the panel of Advocates of High Court Legal Services Committee if the party is eligible for free legal aid. 6. Preliminary Verifi cation : - Such application along with the main petition referred in Rule 5(1) and (2) above shall be verifi ed by the Party-in-Person Committee. 7. Scrutiny of papers fi led by Party-in-Person : - The papers presented by the party–in-person in the fi ling counter as per stipulated offi ce timings shall be scrutinized by the concerned Scrutiny Branches within one week thereof. After scrutiny of the papers presented by the party-in-person, he/she shall be required to appear before the Party-in-Person Committee on the specifi ed date and time. The concerned Scrutiny Branch shall place the petitions/applications or objections and all other relevant papers before the Party-in-Person Committee accordingly. The Party-in-Person Committee inter alia shall guide him/her about the mannerisms and the language to be used in the Court and the decorum of the Court to be maintained. The aforesaid procedure shall also be applicable to any interlocutory applications fi led by party-in-person subsequent to the fi ling of main proceedings viz. Petition, Appeal, Revision Petition etc., 8. Issue of Certifi cate by Party-in-Person Committee:- (a) The Party-in-Person Committee shall Scrutinize the matter/proceedings fi led by party-in-person so as to ensure that the party-in-person has complied with the requirements of the Madras High Court Appellate Side Rules, 1965 and Madras High Court Original Side Rules, 1956 and all other applicable Rules and procedure and that the party-in- person has not made any objectionable averments/allegations and has not used and undertakes not to use or speak unparliamentary language in the proceedings and the matter of like nature, in the Court or Offi ce. (b) The Party-in-Person Committee shall interact with the party-in-person and give opinion by way of offi ce report whether party-in-person will be able to give necessary assistance to the Court for disposal of the matter or any Advocate may be appointed as Amicus Curiae and party-in-person shall furnish Undertaking in the prescribed proforma annexed to these Rules as Annexure. (Form-B). (c) If the Party-in-Person Committee is of the opinion that the party-in-person is not competent to appear in-person as mentioned above and the Certifi cate is not issued as per the Rules referred above, the Party-in-Person Committee may refer the Party-in-Person to the High Court Legal Services Committee for off ering legal services. (d) If the party-in-person is not entitled under law to get assistance of High Court Legal Services Committee, he/she may be asked to appoint a lawyer to represent his/her case; (e) In the event, it is certifi ed that the party-in-person is competent to assist the Court in-person, the party-in-person shall give an Undertaking that he/she shall maintain decorum of the Court and shall not use or express objectionable and unparlimentary language or behavior during the course of hearing in the Court or in the Court premises or in the further pleadings and shall further undertake that if he/she fails to abide by the undertaking, contempt proceedings may be initiated against him/her and appropriate costs or Security deposit condition may be imposed on him/her and he/she shall not be allowed to appear in any case as party-in-person for such period as the Court may deem fi t. The Court may also dismiss the proceedings initiated by such Party-in-Person on any of such ill-behaviour of the Party-in-Person. (f) In case a party, who wishes to defend his matter/proceedings in-person as respondent/opponent, the Court may direct such party to appear before the above Party-in-Person Committee and it shall ensure, certify and direct him to follow the procedure prescribed in the above referred Rules. (g) It is only when such application of Party-in-Person upon Certifi cate for appearance given by the Party-in- Person Committee is allowed by the Court, the Party-in-Person shall be permitted to appear, argue the case in-person subject to such further orders which the Court may pass at any Stage of such proceedings. 9. Rules not to apply for bail, parole, furlough and habeas corpus Petitions : - These Rules shall not apply in the cases of applications for bail, temporary/transit bail, parole, furlough and habeas corpus petitions. 10. Discretion of Court to permit a litigant or other person to appear in-person:- Notwithstanding anything contained in these Rules, the concerned Court before which the matter lies, may, in its discretion, permit a litigant/s to appear in-person and conduct proceedings in Court.Nov. 6, 2019] TAMIL NADU GOVERNMENT GAZETTE 95 11. Rules to Apply to Pending Matters and Further Proceedings in same Case : (1) These Rules shall also apply to the pending matters in High Court in which party is appearing in-person and the cases may be resumed and taken up for hearing by the Court after such Party-in-Person undergoes the procedure prescribed in the aforesaid Rules. (2) At the discretion of the Court, by an order of the Court, these Rules shall be made applicable to the Party- in-Person, in the appellate or revisional proceedings before the Court. High Court, Madras, C. KUMARAPPAN, 4th November 2019. Registrar General. FORM – A APPLICATION FOR PERMISSION TO APPEAR IN-PERSON (Under Rule 5) (To be duly Attested by Oath Commissioner/Notary) I, Sri./Smt ………………………………………………………………………………………. Party-in-Person, is Willing to accept an advocate appointed by the Court/Party-in-Person Committee / intend to argue my case in-person, in case No. ………………………………………… as Petitioner ………………………… / Respondent……………………….. Hence, I may be permitted to appear in person. Place : SIGNATURE Date : (Party-in-Person)96 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 FORM – B UNDERTAKING (As per Rule 8) 1. Sri./Smt ………………………………………………………………………………………. Party-in-Person, do hereby undertake to appear in-person or defend the matter as a Party-in-Person. That I shall maintain the decorum of the Court and shall not use or express objectionable and unparliamentary language or behaviour during the course of hearing in the Court or in the Court premises or in the further pleadings. 2. Further, if I fail to abide by the above, the Court may dismiss the proceedings fi led by me and may pass such further adverse order and may proceed in accordance with the Rules in this Chapter or any other law. Place : SIGNATURE Date : (Party-in-Person) Enclosure : Proof of Identity Proof of Address PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU