(Prayer:Writ petition filed under Section 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent herein to take appropriate action on the petitioner's representation dated 27.10.2015 in accordance with law.)
1. The writ petition has been filed seeking a Mandamus, directing the 2nd respondent herein to take appropriate action on the petitioner's representation dated 27.10.2015.
2.According to the petitioner he is the president of a Sangam / Association known as "Chennai Katradi Urpathiyalargal Virpanaiyalargal Sangam". The members of the said association / sangam are manufacturers of kites and threads for several years. According to him, kite making is a recognised industry and thus kite flying is a hobby to many and is being considered as a sport. According to him, no law prohibits making, selling and flying of kites and the only prohibition is against the use of Manja Threads. According to him, their association strictly adheres the principle not to sell any manja threads by any of its members. The members of the association / sangam stopped selling manja threads for the past four years. The persons who are selling manja threads are unauthorised persons and they are not the members of their association. It is further submitted by the petitioner that right to carry out any profession is guaranteed under Article 19(1)(g) of the Constitution of India and would contend that the respondents cannot prohibit them from manufacturing and selling of kites.
3.The respondents have filed counter. As per the counter, the Commissioner of Police promulgated an order under Section 144 of Cr.P.C. dated 06.12.2015 prohibiting use / sale / manufacture / store / import / dealing with manja thread for the purpose of kite flying or otherwise and that order is still in force. According to them, the second respondent has promulgated the said order to prevent imminent danger to the public safety and especially flying of kites in places like streets, roads thoroughfares etc., as it causes high risk to the public getting inflicted by fatal / severe bodily injuries and therefore a reasonable restriction has been made by them.
4.In the counter they have specifically pointed out that on 27.09.2015 a complaint was made by one Raju @ Appu against unidentified person alleging that a flying kite with manja thread had cut his son Ajay's neck and caused severe injury and his son died on the way to hospital. In this regard, a case has been registered in Crime No.944 of 2015 dated 27.09.2015 in Sembium Police Station and yet another case was registered in Crime No.1384 of 2015 against the members of the petitioner's association. Further, a case was registered in Crime No.202 of 2015 in Kothaval Chavadi Police Station against the son of the petitioner herein for flying kites with manja thread.
5. Further in paragraph 11 of the counter, it is specifically stated under Section 71(xiv) of the Chennai City Police Act, 1888 that whoever in a public place commits any of the offences specified in Class (I) to Class (XX) shall be liable on conviction to fine not exceeding 250 rupees or to imprisonment which may extend to three months. Class XIV deals with flying of kites and therefore they have every right to stop flying of kites.
6.In fact in an earlier writ petition filed before this Court in W.P.No.22250 of 2009, this Court has upheld the restrictions imposed with regard to flying of kites with manja threads and allowed the respondents to take appropriate action in the event of anyone flying kites with manja thread. The respondents have filed a typed set which contain at least 15 cases being registered against kite flying incidents.
7. Heard both the parties.
8.At the outset, the petitioner has no locus standi to file the present writ petition. The relief sought for by the petitioner in this writ petition cannot be granted as laid down by the Division Bench of this Court in the decisions reported in (Formation of Indian Network Marketing Association, rep. By its President vs. M/s. Apple FMCG Marketing Pvt Ltd., rep. By its Chief Executive Officer and others) (2005) Writ Law Reporter 321 and (Tamilaga Asiriyar Kootani, rep. By the General Secretary V. Annamalai vs. The Government of Tamil Nadu, rep. By its Secretary to Government, School Education Department, Chennai 9 and others) 2005 Writ Law Reporter 389.
9.In the light of the aforesaid decisions of this Court, the petitioner association has no locus standi to file the present writ petition. Even otherwise, considering the kite flying incidents and cases registered particulars given by the respondents, flying of kites using manja threads has ultimately resulted in even death of certain children hence the respondents can impose restriction on the trade of kite flying using manja threads. Above all the restriction is necessary to prevent imminent danger to the public at large. Therefore, it was considered necessary to stop flying of kites and there is no impediment for the respondents to stop flying kites using manja thread as the restriction is a reasonable one. The Government has got every authority to impose restrictions and take appropriate action in the event of any individual violating the restrictions imposed with regard to the flying of kites using manja threads.
10.In the result, the prayer sought for by the petitioner cannot be granted and the writ petition is dismissed. Consequently the connected miscellaneous petition is closed. No costs.