Kh. Inaobi Devi and 6 Others v. State of Manipur and Another

O R D E R

18.01.2023 [1]

Heard Mr. M. Hemchandra, learned senior counsel appearing for the petitioners and Mrs. CH. Sundari, learned GA for the State respondents. [2]

Both the counsel for the petitioners as well as the respondents have agreed to dispose the writ petition at the admission stage itself. JOHN TELEN KOM Date: 2023.02.16 11:30:17 +05'30'

[3]

Mr. M. Hemchandra, learned senior counsel appearing for the petitioner represented that he has filed the present writ petition seeking the prayer as follows:

(iii) to issue a writ in the nature of mandamus/ certiorari or any other appropriate to writ/ direction/order directing the respondents to consider and disposed of the representation dated 05.09.2022 (At annexure-A/7) reminder representation dated 27.09.2022(At Annexure-A/8) and application/representation dated 14.12.2022 along with proceeding of the Special General Body Meeting held on

16.10.2022 and its resolution(Annexure-A/9) (Colly) by issuing a reason and speaking order within stipulated period of time as per law. [4]

By showing the above prayer sought for by the petitioner, he prayed this Court that a direction may be issued to the respondents to consider and dispose of the petitioners' representation dated 05.09.2022 and the reminder representation dated 27.09.2022 along with further representation dated 14.12.2022 and the proceeding of the Special General Body Meeting held on 16.10.2022 and its resolution by issuing a reasonable speaking order within a time bound manner. [5]

Mrs. CH. Sundari, learned GA for the State respondents takes notice and initially objecting for granting the prayer sought for by the petitioners since the petitioners have sought for not only to dispose of their representation but also to consider the proceeding of the Special General Body meeting held on 16.10.2022 and its resolution. However, she further

represented that if this Court may be directed the respondents to consider and to pass order on the petitioners' representation dated 05.09.2022 and the reminder representation dated 27.09.2022 along with further representation dated 14.12.2022, they are ready to pass orders provided breathing time may be given to them. [6]

On hearing both sides, it is made clear that the writ petitioners have sought for only a mandamus and if this Court inclined to consider, no prejudice would be caused to the respondents. Therefore, I am inclined to pass the following orders:

(a) the writ petition is disposed of.

(b) the respondents are directed to consider the petitioners' representation dated 05.09.2022 and the reminder representation dated 27.09.2022 along with further representation dated

14.12.2022 and the proceeding of the Special General Body Meeting held on 16.10.2022 and its resolution.

(c) the said exercise shall be done within a period of 3(three) months from the date of receipt of copy of this order.

JUDGE [[ John kom

Item No.17 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C)No.44 of 2023 Kh. Inaobi Devi (HG No.97057) aged about 49 years, D/o (L) Kh. Mangi Singh, Khurai Kongpal Sajor Leikai, PO Lamlong & PS Porompat, Imphal East District, Manipur, Elected General Secretary of the Manipur Home Guard Employees Welfare Association & 6 Ors. …Petitioners - Versus - The State of Manipur represented by the Principal Secretary/Commissioner/Secretary (Cooperation) Government, office at Secretariat, Babupara, PO & PS Imphal, Imphal West District, Manipur- 795001 and Anr. …Respondents BEFORE HON'BLE MR. JUSTICE MV MURALIDARAN