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2025 Supreme(Online)(SC) 111493

SUPREME COURT
B. R. Gavai, C. J., K. Vinod Chandran, J.
Anna Polymers v. Suo Motu Writ Petition
S. L. P. (C) Diary No. 38486 of 2025



1. Permission to file special leave petition is granted.

2. Issue notice, returnable in four weeks.

3. In addition to the usual mode, liberty is granted to the petitioner to serve notice through the Standing Counsel for the respondent(s).

4. Mr. Nishe Rajan Shonkar and Mr. Jogy Scaria, learned advocate - on - records accept and waive notice on behalf of the caveator / respondent and respondent No.4 respectively.

5. A Suo Moto Writ Petition was registered in the High Court of Kerala when a fire broke out within the Municipal Solid Waste Management Facility at Brahmapuram, shrouding the entire city in ominous clouds and dark soot. A Division Bench of that Court had taken upon itself the duty of monitoring the implementation of Solid Waste Management Rules, 2016, as we see from order dated 21.03.2023, a direct offshoot of the fire in the above facility. A Special Bench was also constituted and directions were issued to the Corporation of Cochin as per Annexure P2.

6. Subsequently, in another PIL by order dated 07.03.2025 produced as Annexure P3, the Division Bench headed by the Chief Justice had issued certain directions under the Plastic Waste Management Rules, 2016, especially with respect to the Single Use Plastic (SUP) items which were banned by a circular issued on 10.02.2025.

7. Later the Division Bench monitoring Solid Waste Management Rules, 2016 in Writ Petition (C) No.7844/2023 arising from the Brahmapuram incident, has issued directions under the Plastic Waste Management Rules, 2016, without reference to the earlier order passed by a Co - ordinate Bench headed by the Chief Justice and also without impleading the stake - holders; the Local Self Government Institutions of the hilly areas of the State, the manufacturers or the users.

8. We direct the Registrar General of the High Court to place on record the terms of reference of the suo - moto Writ Petition; W.P.(C) No.7844/2023 and the order constituting the said Bench as seen from the SLP by the orders of the Bench headed by the Chief Justice on 07.07.2023 (not produced in the SLP), by the next hearing date and also specify the Bench nominated to look into Public Interest Litigation; as per the roster decided by the Hon'ble Chief Justice.

9. Until further order(s), there shall be stay of impugned judgment and order dated 17.06.2025 passed by the High Court of Kerala.

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