K. Narayana Kurup, J.

1. This is an Original Petition highlighting the public health issue of the dangers of passive smoking and in which prayers are made to declare that smoking of tobacco in any form, whether in the form of cigarette, cigar, beedis or otherwise in public places is illegal, unconstitutional and violative of Art.21 of the Constitution of India; issue a writ in the nature of mandamus or such other writ commanding the respondents to take appropriate and immediate measures to prosecute and punish all persons guilty of smoking in public places treating the said act as satisfying the definition of 'public nuisance' as defined under S.268 of the Indian Penal Code. We heard Mr. P. Deepak, counsel for the petitioners, the Advocate General for the State and counsel for other respondents.

2. In the Writ Petition originally there were only respondents 1 to 9 viz. State of Kerala, Director of Panchayat, Director General of Police, Commissioners of Police, Thiruvananthapuram, Kochi and Kozhikode and Commissioners of Thiruvananthapuram, Kochi and Kozhikode Municipal Corporations. During the pendency of the Original Petition this Court suo-mote impleaded additional resp