VIJAYAWADA ELECTRONIC T.V. VIDEO GAMES PARLOUR OWNERS' WELFARE ASSOCIATION Vs. COMMISSIONER VIJAYAWADA MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard Sri V. Padmanabha Rao, learned counsel for the petitioner, Smt G. Jhansi, learned Standing Counsel for respondents 1 and 2 and Smt Rachana S. Waddepalli, learned Assistant Government Pleader for Home for the third respondent.

(2.) The petitioner association contended that 30 members of the association are running video games parlours for children at Vijayawada only for their entertainment and the third respondent issued an order under Section 144 of the Code of Criminal Procedure, 1973, in M.C.No.25 of 2005, dated 18.11.2005, requiring the video games parlours to be run with licences from the Municipal Commissioner, Vijayawada Municipality, under the Andhra Pradesh Places of Public Resort and Entertainment Act, 1988, and that the children were found to be visiting these parlours during school timings by absconding from schools without the notice of the parents. The third respondent further stated about the liability of the owners/Managers of the video games parlours, who contravened either the conditions of the licence or provisions of the Act and further directed children below 18 years of age not to be allowed to play the games during the working hours between 10.00 a.m. and 6.00 p.m. and even on public holidays and working days after 6.00 p.m. Children below 18 years of age should be allowed only when they are accompanied by their parents. The order was without jurisdiction though it was in force for only two months and the first respondent, while renewing the licences to some of the owners of the video games parlours, imposed a condition that the entertainment should not be run between 10.30 p.m. and 7.00 a.m., but not covering the timings mentioned in the order, dated 18.11.2005, of the third respondent. The first respondent issuing such licences earlier under Section 521 of the Hyderabad Municipal Corporation Act, 1955, imposed a condition not to allow children below 18 years of age to play the games and Sections 521 and 622 of the Hyderabad Municipal Corporation Act, 1955, were not complied with when this restriction not to allow minor children below the age of 18 years not to play video games on school/college working days between 10.00 a.m. to 6.00 p.m. without their parents accompanying was imposed. When any statute or Rules do not provide for fixing the age or the timings, the same could not have been imposed by the respondents 1 and 3, more so, when in all other cities and towns in Andhra Pradesh, such interference of the police or the local bodies was not there. The second respondent issued notices to the members of the association on 30.12.2005 again referring to the conditions imposed vide order, dated 23.12.2005, of the first respondent and a copy of the said order, dated 23.12.2005, was not furnished. The members of the petitioner association, therefore, claimed that the illegal interference causes irreparable loss and injury to their business and, hence, they desired the issuance of the licences and imposition of the conditions to be declared illegal and consequently direct the respondents and their subordinates not to interfere with the running of the video games parlours.

(3.) The first respondent, in his counter affidavit, stated that the places meant for entertainment of children were being misused by some video games parlours by running during school working hours spoiling the career and future of the school children. The restrictions were imposed in the interest of the future of the children. The trade licences were being issued under Section 521 of the statute and the conditions were imposed while issuing the licence itself as empowered under Section 622 of the Hyderabad Municipal Corporation Act, 1955. The conditions were imposed only in the interests of the parents and the children and for no other reason and, hence, the first respondent desired the writ petition to fail.