A ban on use and sale of stone/glass powder-coated ‘maanja’ by kite sellers and users in Chennai, as ordered by city police, has been upheld by the Madras High Court.
Dismissing a writ petition from the Kite Manufacturers and Sellers Association (Chennai Kaatradi Urpathiyalargal Virpanayalargal Sangam) last week, Justice N Paul Vasanthakumar pointed out that the regulatory measure had been introduced after the death of many persons and purely as a public safety initiative.
The association sought to restrain police from interfering with the manufacture and sale of kites and threads in Chennai in any manner, saying it was adversely affecting their business. Kite flying had been recognised as a legal pastime throughout the world. Quality threads were being bought from leading mills and used for kite business in a safe manner, it added. The Chennai police denied the allegation of unwarranted interference and filed a counter stating that this year alone two persons — Gopalakrishnan of Korukkupet and Rajkumar of Maduravoyal — had died after their throats got slit by the glass powder-coated maanja thread. Only the production and sale of stone/glass powder-coated threads were banned. The prohibition was reasonable and it was regulatory in nature, police said.
Accepting the submissions of Additional Government Pleader S Diwakar, Justice Vasanthakumar said it was a well accepted principle of law that when private interest and public interest or public safety were pitted against each other, public interest alone would prevail.
Hence, the prayer not to restrict the petitioner from using the ‘maanja’ with coating cannot be accepted.
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