Justice MV Muralidaran – India Legal https://www.indialegallive.com Your legal news destination! Tue, 13 Dec 2022 08:13:05 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg Justice MV Muralidaran – India Legal https://www.indialegallive.com 32 32 183211854 Manipur High Court closes Suo Motu PIL issue on dearth of teachers in Kangpokpi District of Manipur https://www.indialegallive.com/top-news-of-the-day/news/manipur-high-court-closes-suo-motu-pil-dearth-teacher/ Tue, 13 Dec 2022 08:13:03 +0000 https://www.indialegallive.com/?p=294879 Manipur High CourtThe Manipur High Court closed a Suo Motu Public Interest Litigation (PIL)  on the issue of dearth of teachers at Bishnulal High School at Charhajare in Kangpokpi District, which compelled a student to drop an examination. The  petition in public interest was taken up suo motu on the strength of a news report in the  […]]]> Manipur High Court

The Manipur High Court closed a Suo Motu Public Interest Litigation (PIL)  on the issue of dearth of teachers at Bishnulal High School at Charhajare in Kangpokpi District, which compelled a student to drop an examination.

The  petition in public interest was taken up suo motu on the strength of a news report in the  Newspaper dated 13.04.2022.  

Additional affidavit dated 25.11.2022, filed by the Deputy Secretary, Department of Education (S), Government of Manipur, highlighting  the present situation obtaining in the school and reflects that, as on date, 18 teachers are available in the school for imparting education. 

The details of the teaching staff  were furnished by way of a separate tabular statement dated 26.08.2022 signed by the Headmaster of the school.   
In the light of the situation obtaining in the school presently, the grievance of the students highlighted by the newspaper report stands sufficiently redressed , the Division Bench of Chief Justice Sanjay Kumar and Justice MV Muralidaran closed the PIL

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Manipur High Court closes PIL seeking establishment of blood bank https://www.indialegallive.com/constitutional-law-news/courts-news/manipur-high-court-pil-dismissed-blood-bank/ Fri, 02 Dec 2022 07:35:23 +0000 https://www.indialegallive.com/?p=293501 Manipur High CourtThe Manipur High Court closed a Public Interest Litigation (PIL) filed seeking a direction to the State authorities to establish a Blood Bank with proper blood storage in the District Hospital, Ukhrul. ]]> Manipur High Court

The Manipur High Court closed a Public Interest Litigation (PIL) seeking a direction to the State authorities to establish a Blood Bank with proper blood storage in the District Hospital, Ukhrul.
The PIL has been filed by one Reingam Hungyo, resident of Chahong Khullen Village, Ukhrul District.

Additional affidavit dated 10.11.2022 was filed on behalf of respondents by the Special Secretary (Health & Family Welfare), Government of Manipur.

Therein, she stated that the State Health Society, Manipur, sanctioned a sum of ₹. 5 lakh for procurement of equipment for the Blood Bank at the District Hospital, Ukhrul, vide order dated 12.08.2022. Pursuant thereto, the required equipment was obtained and supplied to the District Hospital, Ukhrul. 

She further stated that the Blood Storage Centre/Blood Bank at the District Hospital,  Ukhrul, was now ready for functioning and necessary steps were being taken for obtaining the license to commence operations .

Thereafter, S. Nepolean,  Government Advocate, produced “Certificate of Approval to Blood Storage Centre for Storage of Whole Human Blood” dated 14.11.2022 issued by the Licensing and Controlling Authority, Directorate of Health Services, Manipur, approving the storage of blood at the Blood Storage Centre, District Hospital, Ukhrul. The approval remains in force from 14.11.2022 to 13.11.2024. S. Nepolean, Government Advocate, stated on instructions that pursuant to this certificate, the Blood Bank at the District Hospital, Ukhrul, has commenced regular operations. 

In the light of the aforestated developments, Tamhor AS., counsel for the petitioner, states that the grievance canvassed in the  petition stands settled , the Division Bench of Justice Sanjay Kumar and Justice MV Muralidaran closed the PIL.

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Manipur High Court closes PIL seeking construction of nursing institute at Tamenglong https://www.indialegallive.com/constitutional-law-news/courts-news/manipur-high-court-pil-nursing-institute-tamenglong/ Sat, 12 Nov 2022 09:28:42 +0000 https://www.indialegallive.com/?p=291207 Manipur High CourtThe Manipur High Court closed a PIL seeking construction of the General Nursing and Midwifery (GNM) Institute building at Tamenglong. An additional affidavit dated 28.09.2022 was filed by S. Nepolean, Government Advocate, on behalf of the State of Manipur and the Director of Health Services.  Therein, the Deputy Secretary (Health & Family Welfare), Government of Manipur, set […]]]> Manipur High Court

The Manipur High Court closed a PIL seeking construction of the General Nursing and Midwifery (GNM) Institute building at Tamenglong.

An additional affidavit dated 28.09.2022 was filed by S. Nepolean, Government Advocate, on behalf of the State of Manipur and the Director of Health Services. 

Therein, the Deputy Secretary (Health & Family Welfare), Government of Manipur, set out details of funding by the Central Government under the Centrally Sponsored Scheme and preparation of the estimate for the project in question. 

He also narrated the particulars of funds released for the construction of building and asserted that the construction of GNM School at Tamenglong was now in progress.

According to him, a sum of Rs 1,78,70,842 was released to the Manipur Tribal Development Corporation for construction of GNM School.

In the light of the aforestated additional affidavit, M. Rakesh, Counsel for the petitioner, stated that the cause in the PIL no longer survives for consideration on merits.

Therefore, the Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran closed the PIL.

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Manipur High Court closes PIL highlighting difficulties faced by Myanmar people https://www.indialegallive.com/constitutional-law-news/courts-news/manipur-high-court-pil-difficulties-myanmar-people/ Fri, 07 Oct 2022 08:41:22 +0000 https://www.indialegallive.com/?p=286319 Manipur High CourtA Manipur High Court division bench was informed that the Government of India was considering enactment of a comprehensive law relating to refugees but pending such enactment, a Standard Operating Procedure was floated on 29.12.2011 to deal with foreign nationals who were claiming the status of refugees. ]]> Manipur High Court

The Manipur High Court closed a Public Interest Litigation (PIL) filed highlighting the difficulties being faced by people from Myanmar who were taking shelter in the State of Manipur.

The Petition filed by the practicing Advocates of the High Court further sought directions to the State authorities to provide them adequate food, shelter, health-care and other basic necessities.

The Division Bench of Chief Justice Sanjay Kumar and Justice MV Muralidaran was informed that the Government of India was considering enactment of a comprehensive law relating to refugees but pending such enactment, a Standard Operating Procedure was floated on 29.12.2011 to deal with foreign nationals who were claiming the status of refugees. This Standard Operating Procedure was revised on 20.03.2019. In terms thereof, such foreign nationals are to be housed in designated camps or shelters, pending consideration of their claims for long term Visas.

Affidavit dated 22.09.2022 was filed by the Deputy Secretary, Department of Home, Government of Manipur, stating that the entire premises of Sadbhavana Mandop at Churachandpur were declared as a Detention Centre, vide order dated 01.04.2021, for the people from Myanmar who had entered into the State of Manipur.

He further stated that 5 (five) local Civil Society Organizations (CSOs) of Churachandpur had voluntarily started providing food and lodging requirements to the Myanmarese Nationals in the Detention Centre. However, acceding to their request, the Superintendent, District Jail, Churachandpur District, allowed the foreigners to prepare their own food using the supplies provided by the CSOs as they are not accustomed to Indian food. Further, the Superintendent, District Jail, Churachandpur, is stated to have requisitioned 1 (one) Medical Officer and 2 (two) Nurses from the Office of the Chief Medical Officer (CMO) at Churachandpur for utilization of their services at the Detention Centre. Any medical ailment reported by these Myanmarese Nationals was immediately being brought to the notice of the Medical Officer at the District Hospital, Churachandpur, and medicines were being supplied by the Prisons Department.

In the light of the aforestated affidavit, M. Rakesh, Counsel for the petitioners, stated that sufficient food and facilities are being provided to the Myanmarese Nationals who are taking shelter in the State of Manipur and that no further orders are required to be passed in this case.

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Manipur High Court closes 2 PILs related to National Food Security Act https://www.indialegallive.com/constitutional-law-news/courts-news/manipur-high-court-national-food-security-act/ Wed, 03 Aug 2022 07:33:57 +0000 https://www.indialegallive.com/?p=279148 Manipur High CourtOne PIL in Manipur high prayed for proper implementation of the PMGKAY, another PIL has prayed to appoint Nodal Officers to designate appropriate and independent officials as District Grievance Officers in lieu of designating Additional Deputy Commissioners as the District Grievance RedressalOfficers. ]]> Manipur High Court

The Manipur High Court has closed two Public Interest Litigation (PILs) related to the National Food Security Act, 2013.

One PIL has prayed for a direction to the authorities to ensure proper implementation of the Pradhan Manthri Garib Kalyan Anna Yojna (PMGKAY) Scheme under the NFSA, through Fair Price Shops in Manipur.

Another PIL has prayed for a direction to the authorities to appoint Nodal Officers under Section 14 of the National Food Security Act, 2013, and to designate appropriate and independent officials as District Grievance Officers in lieu of designating Additional Deputy Commissioners as the District Grievance Redressal Officers.

A further direction was sought by them to establish an independent full-fledged State Food Commission under Section 16 of NFSA.

M. Rakesh, Counsel for the petitioners in both these petitions filed in public interest, stated that the cause no longer survives for consideration on merits as adequate measures have been taken by the state authorities to constitute a State Food Commission for the purpose of redressing all the issues that arise in the context of the National Food Security Act, 2013, and the scheme framed thereunder.

Recording the said statement, the Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran closed the PILs.

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Manipur High Court disposes PIL after the matter pertaining to Covid Second wave was addressed https://www.indialegallive.com/constitutional-law-news/courts-news/manipur-high-court-disposes-pil-covid-second-wave/ Tue, 02 Aug 2022 09:26:35 +0000 https://www.indialegallive.com/?p=279049 Manipur High CourtWhile considering the PIL , the Manipur High Court division bench observed that High Court has passed several orders during the course of the hearing of the petition and, pursuant thereto, the Government of Manipur has also taken various measures to meet the challenges posed by the pandemic.]]> Manipur High Court

The Manipur High Court closed a Public Interest Litigations (PILs) filed in the context of the second wave of the Covid-19 pandemic which was then sweeping across the State of Manipur.

The PIL filed on 08.05.2021 by Naresh Maimom, an Advocate sought directions to the State authorities to procure and supply sufficient oxygen to the Hospitals for the benefit of Covid-19 patients; to ensure that sufficient ICU beds were available in all the Hospitals of Manipur; to ensure uninterrupted power supply to the local Oxygen Plants; to install an Oxygen Generation Machine in the Oxygen Plants at Thoubal and Churachandpur; to make operational the non-functional Oxygen Plants at Thoubal and Churachandpur at the earliest; and to install more Oxygen Plants.

While considering the PIL , the Division Bench of Chief Justice Sanjay Kumar and Justice MV Muralidaran observed that High Court has passed several orders during the course of the hearing of the petition and, pursuant thereto, the Government of Manipur has also taken various measures to meet the challenges posed by the pandemic.

It is noted by the Bench that over a period of time, the pandemic has changed status, owing to the mutation of the virus. The present variant of the virus which is still active in the State of Manipur does not entail Oxygen supply to patients suffering from it.

“In any event, sufficient steps have been taken by the Government of Manipur to augment Oxygen generation and supply in the State of Manipur. Various other measures have also been taken in the context of the pandemic and the relief packages to be extended to those who were afflicted and affected thereby”, the Bench further observed.

Further the Bench noted that even before institution of this case in the year 2021, a Division Bench of the High Court has occasion to deal with issues relating to the first wave of the pandemic in PIL No. 16 of 2020, which was disposed of by order dated 16.07.2020. Various directions were issued by the Division Bench in the context of the challenges that were yet to be faced due to the pandemic and the steps to be taken, by drawing up effective action plans.

As the issues raised in relation to Oxygen generation and supply are no longer of great significance given the present mutation of the virus, the Court sees no purpose served in keeping this case pending for further adjudication.

It is for the State Government to take note of all the orders that have been passed in the and take all possible measures to guard against another devastating wave of the pandemic , the Court directs.

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Manipur High Court closes PIL regarding disability certificate https://www.indialegallive.com/constitutional-law-news/courts-news/manipur-high-court-closes-pil-disability-certificate/ Sat, 23 Jul 2022 09:33:03 +0000 https://www.indialegallive.com/?p=278182 Manipur High CourtThe Manipur High Court closed a Public Interest Litigation (PIL) seeking direction to the respondents authorities to take necessary steps for issuance of Unique Digital Disability Identity Cards (UDID Cards) and Disability Certificates to persons with disabilities in Senapati District.]]> Manipur High Court

The Manipur High Court has closed a Public Interest Litigation (PIL), which sought direction to the respondent authorities to take necessary steps for issuance of the Unique Digital Disability Identity Cards (UDID Cards) and Disability Certificates to persons with disabilities in Senapati district.

The PIL has been filed by a resident of
Senapati District Th Khozholou Rovah.

A reply affidavit was filed by the Deputy Secretary (Health & Family Welfare), Government of Manipur, giving the details of the steps taken in this regard.

The Deputy Secretary asserted that UDID Cards and Disability Certificates
were not denied to persons with disabilities at any point of time and that such documents can be secured, as per due procedure, at any time.

He further stated that online facilities in this regard were made available from September, 2021 and that more than 112 disabled persons were registered on the portal.

He then stated that 110 Disability Certificates and UDID Cards would be issued by the Department of Persons with Disabilities, Union Ministry of Social Justice and Empowerment, directly to the persons concerned through post. He, therefore, prayed for closure of the case.

M. Rakesh, counsel for the petitioner, fairly stated that in the light of the above reply, detailing the steps taken by the authorities to address the issue, no further order requires to be passed in the petition.

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Manipur High Court closes suo motu PIL on Kangla Fort https://www.indialegallive.com/constitutional-law-news/courts-news/kangla-fort-imphal-maintenance-manipur-high-court/ Thu, 17 Feb 2022 13:26:04 +0000 https://www.indialegallive.com/?p=255875 Manipur High CourtThe Manipur High Court recently closed a Suo Motu Public Interest Litigation (PIL) pertaining to the maintenance and development of Kangla Fort complex in Imphal. When this matter was admitted on July 31, 2018, a Division Bench pointed out that the preliminary issue to be addressed in this case is the removal of plastic and […]]]> Manipur High Court

The Manipur High Court recently closed a Suo Motu Public Interest Litigation (PIL) pertaining to the maintenance and development of Kangla Fort complex in Imphal.

When this matter was admitted on July 31, 2018, a Division Bench pointed out that the preliminary issue to be addressed in this case is the removal of plastic and other degradable/non-degradable waste from Kangla Fort complex. Further, the Bench was also concerned as to the steps to be taken for improvement of the environment inside the complex.

Status Reports were filed by the authorities from time to time setting out the steps taken by them in this regard.

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Reply affidavit dated December 10, 2021 was filed by the Superintendent, State Archaeology Department, Government of Manipur, along with photographs. Therein, he stated as under: During the Covid-19 pandemic, restrictions were placed on entry of visitors/tourists into the complex but, at present, they are being allowed on all days except Monday.

The roads inside the complex are cleaned on daily basis and the water bodies are kept clean, by tending to the grasses on the embankment and by removal of algae. Aeration of the water is also performed on regular basis. The gardens inside the complex are being maintained properly and so too, the lawns and monuments. Dustbins have been provided in crowded areas at regular intervals. A large Board has been put up near the entrance, elucidating the ‘Do’s and Don’ts’ inside the complex, including the banning of plastic etc. Private sweepers/labour are hired for undertaking the cleaning inside the complex. The photographs filed with this affidavit bear out that steps are being taken to maintain the complex properly, noted the Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran.

While considering the PIL, the Court said that Kangla Fort is a major attraction for visitors and tourists. It is one of the most beautiful spots in Imphal city. It is for the State authorities to be mindful of this fact and take all suitable measures to maintain and perpetuate the beauty of all that lies within this complex, including the monuments, trees and water bodies.

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“We are satisfied that proper steps are being taken for this purpose at the moment. This PIL case is accordingly closed, reiterating and affirming that the State authorities must always be mindful of the importance of this complex and take all necessary measures to maintain its pristine glory,” the order reads.

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Manipur High Court stays all construction on land earmarked for park in National Games Village https://www.indialegallive.com/constitutional-law-news/courts-news/manipur-high-court-stays-all-construction-on-land-earmarked-for-park-in-national-games-village/ Fri, 31 Dec 2021 09:01:59 +0000 https://www.indialegallive.com/?p=243484 Manipur High CourtThe Manipur High Court has recently ordered status quo and all construction activity discontinued on the land earmarked for the National Games Village at Meitei Lango for building quarters.]]> Manipur High Court

The Manipur High Court has recently ordered status quo and all construction activity discontinued on the land earmarked for the National Games Village at Meitei Lango for building quarters.

The Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran passed this order during the hearing of a PIL alleging that no relevant legal procedure has been followed for change of land use inasmuch as an area earmarked for a Public Park is now sought to be used for construction of quarters.

From the record made available by the petitioners as well as P. Tamphamani, Junior Government Advocate, attached to the office of the Advocate General, Manipur, the Bench found that the subject land was shown as ‘Park A’ in the Layout Plan for National Games Village at Meitei Langol. This land is now sought to be put to a different use. There is, however, no indication or evidence of the prescribed procedure having been followed by the authorities for change of land use.

The Court observed that Section 33 of the Manipur Town & Country Planning Act, 1975, prescribes the procedure in this regard but there is no evidence of such procedure having been adopted in the case on hand.

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The prescribed procedure requires public participation before a modification can be put into effect but the High Court found that on the basis of a cabinet decision, steps are speedily afoot to undertake construction in this earmarked park land. Photographs filed by the petitioners demonstrate this in no uncertain terms.

“The respondents shall accordingly maintain status quo in all respects obtaining as of today in relation to the subject land, shown as ‘Park A’ in the layout plan for National Games Village at Meitei Langol, till the next date of hearing and discontinue all construction activity,”

-the order reads.

The next hearing will be on January 18.

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