The court found the petitioners' biodegradable bottle claims unsubstantiated, emphasizing strict regulatory compliance and ecological safeguards at protected sites, leading to the dismissal of their petition.

JUDGMENT :

Raja Vijayaraghavan V., J.

Background And Nature Of The Petition:

Swami Sharanam Enterprises, the 1st petitioner herein, is a proprietary concern run by the 2nd petitioner and is engaged in the manufacture of plant-based, compostable bottles and allied products. The petitioners have approached this Court seeking a direction to the Travancore Devaswom Board to permit them to sell two of their products at Sannidhanam. Both products are packed in bottles made from PLA (Polylactic Acid) preforms sourced from the 7th respondent. The bottles are blow-moulded from the preforms by the petitioner and filled with water at BLU Industries' facility at Mudakkuzha, Ernakulam, which concern holds a valid FSSAI licence. The petitioner asserts that these materials are manufactured using 100% biodegradable, plant-based products and are derived from renewable sources such as corn, sugarcane, and cassava. Though the final product resembles conventional plastic in appearance and texture, it is environmentally sustainable, as it is not derived from crude oil and is capable of decomposing under appropriate composting conditions.

2. The petitioner contends that the materials sourced from the 7th respondent carry certifications affirming their biodegradable nature, thereby positioning the product as an eco-friendly alternative to conventional plastic bottles.

3. The petitioner asserts that various tests have been carried out by the manufacturer which would show that none of the components of plastics or synthetic materials are present.

a) Ext.P1 is the DIN CERTCO certification issued in 2020 in respect of the raw materials in favor of Green Dot Biopak. The said report says that the holder of the certificate is granted the special entitlement for advertising purposes for the mark of conformity shown in the certificate in conjunction with the specified registration number.

b) Ext.P2 is the test report issued in the year 2021 by CIPET, Kochi, confirming that the pellets and film used are compostable. The material that was provided has been identified as a blend of Polylactic Acid and Poly Butylene Adipate Co-Terephthalate. The said certificate states that the submitted sample for testing consisted of compostable film made out of 'Greendot' compostable pellets (as declared by the party) complies to the requirements of Cl.6.2 & 6.3 of ISO 17088-2012/IS 17088-2008.

c) Exts.P3 and P9 are laboratory reports issued by HEXIQON Laboratory in the years 2023 and 2025 respectively, which certify that the final product does not contain any plastic or synthetic materials.

d) Ext.P4 is the certificate issued by the Central Pollution Control Board in 2023 to Green Dot Biopak for manufacturing and selling of compostable plastic bags and commodities in Indian Markets. The CPCB has issued the said certificate by imposing certain conditions. It says that the end product ' compostable plastics' shall be manufactured using the raw materials ' PLA, PBAT ' and following the production process detailed in the schedule.

e) Ext.P5 is a certificate issued by Greendot Biopack declaring that they are supplying compostable preform to Swami Saranam Enterprises and they have appointed the 1st petitioner as a final user and supplier for preform and compostable bottles.

f) Ext.P9 is the test report issued by HEXIQON, a private lab, to the 1st petitioner to ascertain whether the compostable bottle conforms to IS 15410,IS 9845, IS 3025 Part 2 and ISO 18856. It says that though the sampling was not done in a laboratory, the same conforms