WP(C)/1034/2019 of SMT BRAHMACHARIMAYUM MEMCHA DEVI Vs STATE OF MANIPUR AND 2 ORS on 20 December 2019

IN THE HIGH COURT OF MANIPURAT IMPHAL

WP(C) No. 1034 of 2019

Smt. Brahmacharimayum Memcha Devi

… Petitioner(s)

Vs.State of Manipur & 2 ors.

…. Respondent(s)

BEFOREHON’BLE MR. JUSTICE KH. NOBIN SINGH

20-12-2019

Heard Ms. Babita Th., learned Advocate appearing for thepetitioner and Shri Y. Nirmolchand, learned Sr. Advocate appearing for theIMC.

By the instant writ petition, the petitioner has prayed for issuing awrit of mandamus or any other appropriate writ to direct the respondentsto dispose of the representation dated 04-10-2018 within a stipulatedperiod.

According to the petitioner, she is the president of the associationnamely, “Kasturi Thong Makha Lambi Naga Turel Mamang StreetVendor and Shop Keeper Association” whose members were allowedto transact their vending activities in the said area. The Chairperson of theImphalMunicipalCouncilissuedaNo-ObjectionCertificatedated30-01-2016 for changing the name of the association as Kasturi ThongMakha Lambi Naga Turel Mamang Street Vendor and Shop KeeperAssociation from that of “Kasturi Thong Makha Lambi Naga TurelMamang Street Vendor Association”.

The members of the petitioner’s association are suffering unduehardship due to adverse weather particularly, during rainy and winterseason and they are selling different merchandise and articles preferredby the customers from time to time viz vegetables, dry fish etc. Such merchandise needs to be protected from sun light, rain and extreme coldweatherandinadditionthereto, themembers ofthepetitioner’sassociation need a shade or protection during rainy or winter season.They submitted a representation dated 04-10-2019 to the Mayor, ImphalMunicipal Corporation to do the needful for providing a public toilet and forallowing them to erect a temporary/ removable shed to protect themselvesandtheirmerchandisefromtheharshweatherconditions.Theirrepresentation has not been considered nor has it been disposed of bythe respondents till date. On the other hand, the respondents hadconsidered and disposed of the representation submitted by similarlysituated vendors/ associations by issuing an order dated 15-03-2018 forerection of temporary shed to protect the vendors from harsh weathercondition. Being aggrieved by the inaction on the part of the respondents,the instant writ petition has been filed by the petitioner’s association.

When the matter is taken up for consideration, the learned counselappearing for the petitioner submits that the instant writ petition can bedisposed of by issuing an innocuous order and accordingly, the instantwrit petition stands disposed of with the direction that the respondents andin particular, the respondent No. 2 & 3 shall consider their representationdated 04-10-2018 submitted by the petitioner’s association and dispose ofthe same within a period of 1(one) month from the date of receipt of acopy of this order by issuing a speaking order in respect thereof.

JUDGE