Khundrakpam Ongbi Medha Devi and 7 Others v. State of Manipur and 3 Others

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 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 13" day of ABUJAM SURJIT SINGH 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 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 respondents not to disturb 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 State respondents to permit 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 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 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 [[

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