“C.R.”

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR &

THE HONOURABLE MR. JUSTICE S.MANU FRIDAY, THE 7^TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946 WP(C) NO. 16253 OF 2023 PETITIONER:

SUDHAKARAN K.V., AGED 63 YEARS, NOW RESIDING AT KUNNATHU VALAPPIL HOUSE, KOLATHUPRAMBIL, OTHUKKUNGAL, MALAPPURAM., PIN – 676528.

BY ADVS. SRI. P.B.SAHASRANAMAN, SRI. T.S.HARIKUMAR, SRI. SANAND RAMAKRISHNAN RESPONDENTS:

1 CENTRAL POLLUTION CONTROL BOARD, REPRESENTED BY THE DIVISIONAL HEAD, COMPOSTABLE DIVISION, PARIVESH BHAVAN, EAST ARJUN NAGAR, DELHI-110032, PIN – 100032.

2 KERALA POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM., PIN – 695004.

3 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, ENVIRONMENTAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695001.

4 SPROUT PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR SANTHOSH PHILIP, PARAMBATTE HOUSE, KAITHPURAM P.O. MANDAPAM, SREEKANDAPURAM, KANNUR, PIN – 670631.

5 K. PRABHAKARAN, AGED 72 YEARS, S/O. KUMARAN, RESIDING IN SWASRAYA MANDIR, MATTANCHERRY, KOCHI- 682 002, SECRETARY, SWASRAYA, MATTANCHERRY, KOCHI- 682 002.

ADDL. R5 IS IMPLEADED AS PER ORDER DATED 09/07/2024 IN I.A 1/2023 IN WP(C).

6 THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001.

ADDL. R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED

21/01/2024 IN WP(C).

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)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“C.R.”

JUDGMENT Dated this the 7^th day of March, 2025.

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 counsel for Respondent No. 4, and Mr. V. Tekchand, learned Senior Government Pleader for the State.

4. On 4 February 2011, the Government of India framed the Plastic Waste (Management and Handling) Rules, 2011, under the Environment Protection Act, 1986. These Rules established a regulatory framework for managing plastic waste in the country. To enhance their effectiveness, the Central Government reviewed the existing Rules and, exercising its powers under Sections 3, 6, and 25 of the Act, introduced the Plastic Waste Management Rules, 2016, which came into force on 18 March 2016. These Rules have been amended periodically, with the latest amendment on 14 March 2024. They apply to all waste generators, local bodies, Grama Panchayats, manufacturers, importers, and producers.

5. Rule 3(o) of the Rules of 2016 defines “plastic” to mean a material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl