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2025 Supreme(Ker) 272

NITIN JAMDAR, S. MANU
Sudhakaran. K. V. – Appellant
Versus
Central Pollution Control Board – Respondent


Advocates Appeared:
BY ADVS. SRI. P.B.SAHASRANAMAN, SRI. T.S.HARIKUMAR, SRI. SANAND RAMAKRISHNAN
R1 BY ADV. SHRI M. AJAY R2 BY ADV. SHRI T. NAVEEN, SC, BY SENIOR GOVERNMENT PLEADER SRI. V. TEKCHAND, R5 BY ADV. SRI. G. HARIHARAN BY ADVS. SMT.K.S.SMITHA(K/106/2012) SRI. AMAL DEV D(K/001570/2018) SMT. T.T.SHANIBA(K/000254/2016)

JUDGMENT :

Nitin Jamdar, C. J.

In this Public Interest Litigation, the Petitioner raises the issue of the Respondents' failure to act against manufacturers and others conducting business without registration under the Plastic Waste Management Rules, 2016. Rule 13 of these Rules requires the registration of producers, recyclers, and manufacturers engaged in the business of carry bags, recycled plastic bags, or multilayered packaging. It also mandates action against manufacturers, retailers, and vendors selling such products in violation of the Rules.

2. The Petitioner states that several companies manufacture paper cups labeled as 100% biodegradable, compostable, and recyclable, claiming approval from the Government of Kerala, without registration. The Petitioner has joined Respondent No. 4 as one of the violators. Respondent No. 4 has filed a counter affidavit denying these allegations.

3. We have heard Mr. P. B. Sahasranaman, learned counsel for the Petitioner, Mr. M. Ajay, learned counsel for the Central Pollution Control Board, Mr. T. Naveen, learned standing counsel for the Kerala State Pollution Control Board, Mr. Abhijit, learned counsel representing Mr. Praveen H., learned couns


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