LAWS(KER)-2025-3-120

SUDHAKARAN Vs. CENTRAL POLLUTION CONTROL BOARD

Decided On March 07, 2025
SUDHAKARAN Appellant
V/S
CENTRAL POLLUTION CONTROL BOARD Respondents

JUDGEMENT

(1.) 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.