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2025 Supreme(Ker) 2414

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Suo Motu - Appellant 
Versus 
State Of Kerala - Respondent 
SSCR NO.5 OF 2025
Decided on : 03-04-2025

Advocates Appeared:
For the Respondent: ADVS.NAVEEN T, G.BIJU, SRI. T NAVEEN , SC, KSPCB, SRI. S BIJU, SC, TDB, SMT. SAYUJYA RADHAKRISHNAN, A/C, SR. S RAJAMOHAN, SR GP, SRI. NAGARAJ NARAYANAN, SPL GP(FOREST)

Unscientific waste disposal at Sabarimala violates the Wild Life (Protection) Act, posing serious threats to wildlife, necessitating immediate corrective actions.

Headnote:(A) Wild Life (Protection) Act, 1972 - Sections 9, 29, 30, 32, 50, 51, and 52 - Environmental protection - Unscientific dumping of solid waste, including plastic, at Sabarimala Sannidhanam poses a serious threat to wildlife, particularly elephants, due to consumption of plastic waste - The Travancore Devaswom Board failed to ensure timely removal of waste, violating statutory provisions. (Paras 4, 11, 60)

(B) Environmental Management - The court emphasized the need for effective waste management strategies and strict enforcement of plastic bans to protect wildlife and the environment. (Paras 10, 60)

Facts of the case:
The Special Commissioner reported the accumulation of plastic waste near incinerators at Sabarimala, attracting elephants and causing health risks. The Travancore Devaswom Board was found negligent in waste management, leading to violations of the Wild Life (Protection) Act.

Findings of Court:
The court directed the Deputy Director, Periyar Tiger Reserve, to take action against those responsible for the illegal dumping and burning of waste, emphasizing the need for compliance with environmental laws.

Issues: The main issues included the failure of the Travancore Devaswom Board to manage waste effectively and the resultant threat to wildlife.

Ratio Decidendi: The court ruled that the unscientific disposal of waste violates the Wild Life (Protection) Act and poses a significant risk to wildlife, necessitating immediate corrective measures.

Result: The court directed strict enforcement of waste management regulations and actions against violators.

 ORDER :

Anil K. Narendran, J.

The Special Commissioner, Sabarimala has filed this report regarding the disposal of plastic waste accumulated near the incinerators at Sabarimala Sannidhanam, which was causing a threat to wild animals. A report dated 29.01.2025 of the Range Forest Officer, Pamba Range, Periyar Tiger Reserve, is enclosed along with the report of the Special Commissioner.

2. On 30.01.2025, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. By the order dated 30.01.2025, the 6th respondent Deputy Director, Periyar Tiger Reserve (West Division) was directed to file a report before this Court by 31.01.2025 on the issues pointed out by the Special Commissioner, Sabarimala. The learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court the kuthaka certificate and agreement in respect of the kuthaka item - disposal of plastic waste, bottles, jaggery bags, etc. at Sabarimala Sannidhanam.

3. On 31.01.2025, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court a report dated 30.01.2025 of the 12th respondent Assistant Engineer (Environmental), Sabarimala Development Project, addressed to the additional 14th respondent Executive Engineer, on the corrective measures suggested by the Assistant Engineer, Kerala State Pollution Control Board, Pamba Camp Office, in respect of the incinerators installed at Sabarimala Sannidhanam. The learned Standing Counsel has made available for the perusal of this Court a few photographs taken on 30.01.2025, after clearing plastic jaggery bags and other waste materials dumped in the yard near the incinerators installed at Sabarimala Sannidhanam. The learned Standing Counsel for Kerala State Pollution Control Board has made available for the perusal of this Court a copy of communication dated 04.01.2025 of the Assistant Engineer, Pollution Control Board, addressed to the additional 14th respondent Executive Engineer, Sabarimala Development Project. The learned Special Government Pleader (Forest) has made available for the perusal of this Court a report dated 31.01.2025 of the 6th respondent Deputy Director, Periyar Tiger Reserve (West Division), enclosing therewith Annexures R6(a) to R6(i) photographs.

4. On 31.01.2025, the Range Forest Officer, Pamba and the Beat Forest Officer, Mukkuzhi Forest Station, Pamba Range, were personally present in Court. On a query made by this Court, the Range Forest Officer, Pamba submitted that the photographs made available for the perusal of this Court by the learned Standing Counsel for Travancore Devaswom Board were in respect of the yard and the area immediately surrounding the incinerators installed at Sabarimala Sannidhanam. The garbage presently piled at Sabarimala Sannidhanam, which includes jaggery bags, is attracting elephants quite easily. The learned Special Government Pleader (Forest) pointed out that the consumption of plastic and jaggery bags by elephants is catastrophic from the point of view of wildlife management. Due to the failure of the Travancore Devaswom Board in removing the garbage in a time bound manner, elephants coming in herds started eating the garbage, including plastic and toxic materials, from 21.01.2025 onwards. As stated in the report dated 31.01.2025 of the 6th respondent Deputy Director, on 30.01.2025 night and even on 31.01.2025, different herds of elephants reached the area where the garbage is lying. The dung of elephants shows remnants of plastic waste, as evident from the photographs enclosed with the report dated 31.01.2025 of the 6th respondent Deputy Director, Periyar Tiger Reserve (West Division). Large piles of garbage, including plastic and toxic waste, are also seen in the area behind Hotel Haribhavan, located at Sabarimala Sannidhanam, which is the waste leftover by various hotels a

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