: Pointing to the death of children due to flying of kites using manja threads in the past, the Madras High Court has refused to accept a plea to direct the Chennai Police Commissioner to take action on a representation to allow manufacturing and sale of kites.
“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 (government and police) to stop flying kites using manja thread as the restriction is a reasonable one,” Justice B. Rajendran said, while disposing of a plea filed by Chennai Katradi Urpathiyalargal Virpanaiyalargal Sangam (Chennai Kite Manufacturers Association).
Observing that the petitioner association has no locus standi to file the writ petition, the judge also said, “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.”
Urging the Chennai Police Commissioner to take appropriate action on its representation submitted in October last in accordance with law, the petitioner association had contended that no law prohibited making, selling and flying of kites and the only prohibition was against the use of manja threads.
It further claimed that its members strictly adhered to the principle of not selling any manja thread and those selling the thread were “unauthorised persons” who were not the members of the association.
However, in its counter affidavit, the Chennai Police Commissioner stated the order was promulgated to prevent imminent danger to the public safety in places like streets and thoroughfares as there was a high probability that the public would sustain fatal/severe bodily injuries.
The restriction is necessary to prevent imminent danger to the public at large, says the judge
