Item No. 21

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P.(C) No.292 of 2023

Khundrakpam Ongbi Medha Devi and 7 Ors.

…Petitioner/s

- Versus -

State of Manipur and 3 Ors.

…Respondent/s

BEFORE

HON’BLE THE ACTING CHIEF JUSTICE M.V.MURALIDARAN

O R D E R

03.04.2023

[1]

Heard Mr. Ch. Ngongo, learned senior counsel for the petitioners

and perused the records and Mr. Shyam Sharma, learned Government

Advocate takes notice for the State respondents.

[2]

Mr. Ch. Ngongo, learned senior counsel for the petitioners

represented that the he has filed the present writ petition seeking the

prayer which reads as follows:

“i).

Lordship be pleased issue rule nisi as to why a writ in the

nature of Mandamus should not be issued for directing state

respondents not to disturb the peaceful observation of Heikat

Leikat Tamba (Floral Tribute) at the Monument / Tomb

constructed on the Hillock of Cheiraoching.

ii)

A writ

in the nature of mandamus

directing

the

Respondents to allow the petitioners, relatives, friends and other

well-wishers of the deceased persons to perform the ritual

ceremony of Heikat Leikat Tamba (Floral Tribute) at the

Memorial Tomb constructed on the Hillock of Cheiraoching at

Thangmeiband,

Imphal

West

on

the

13"

day

of

ABUJAM

SURJIT

SINGH

Digitally signed

by ABUJAM

SURJIT SINGH

Date: 2023.04.10

11:52:47 +05'30'

April, 2023 w.e.f. 6:00 a.m. to 4:00 p.m.

iii)

A writ

in the nature of mandamus

directing

the

respondents not to restrict the number of persons to be

participated in the said Floral Tribute.

iv)

Any other relief or reliefs appropriate in the nature of the

case.

v)

Cost of litigation.

–AND-

In the interim, it is prayed that Your Lordship be pleased

to

direct

the

respondents

not

to

disturb

the

peaceful

performance of Heikat Leikat Tamba (Floral Tribute) on the 13"

day of April, 2023 w.e.f. 6:00 a.m. to 4:00 p.m. at the Hillock of

Cheiraoching, Thangmeiband during the pendency of the writ

petitioner for the ends of justice.”

[3]

He further stated that this Court has considered several cases

like the prayer sought for by the petitioner in W.P.(C) No.217 of 2022

dated 29.03.2022 in which this Court passed the following orders:

“In that view of the above, this Writ Petition is disposed

of with the direction to the State respondents to permit the

petitioners/relatives/well

wishers/

friends

of the

deceased

persons to enter the Memorial Tomb on the hillock of

Chingmeirong Cheirao Ching for offering floral tribute as has

been done in the past, on 13.04.2022 from 6.00 AM to 5.00 PM

This order shall not preclude the State authorities to take

appropriate steps towards maintenance of law and order in the

area and the petitioners/relatives/well-wishers/friends of the

deceased persons must follow SOP in relation to COVID-19

issued by the Government of Manipur from time to time.”

[4]

Mr. Ch. Ngongo, learned senior counsel for the petitioner

prayed this Court to consider the same relief in which Mr. Shyam

Sharma, learned Government Advocate for the State respondents

made no objection and agreed for the same and therefore, the same

order may be passed.

[5]

Considering the case of the argument advanced by both the

parties, this Court is inclined to pass the following orders:

a).

The present Writ Petition is disposed of with the

direction

to

the

State

respondents

to

permit

the

petitioners/relatives/well wishers/ friends of the deceased

persons to enter the Memorial Tomb on the hillock

of

Chingmeirong Cheirao Ching for offering floral tribute as has

been

done

in

the

past,

on 13.04.2023

 from 6.00 AM

to 5.00 PM.

b).

This order shall not preclude the State authorities to

take appropriate steps towards maintenance of law and order

in the area and the petitioners/relatives/well-wishers/friends of

the

deceased

persons

must

follow

SOP

in

relation

to

COVID-19 issued by the Government of Manipur from time to

time.

Ab.Surjit

ACTING CHIEF JUSTICE

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