Isabella Mariam

The Kerala High Court Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu has issued directives for the enforcement of the Plastic Waste Management Rules, 2016, stating that "strict vigilance is necessary, and the Enforcement Squad, now set up with the aid of the Local Self Government Departments, can monitor the issue raised by the Petitioner."

The court addressed concerns regarding the manufacture and sale of plastic products without registration, in violation of Rule 13 of the 2016 Rules. It directed the Kerala State Pollution Control Board (KSPCB) and the Local Self Government Department to ensure compliance with statutory requirements and take action against non-compliant entities.

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The writ petition was filed by Sudhakaran K.V., raising concerns over the failure of regulatory authorities to act against manufacturers and sellers operating without registration under the Plastic Waste Management Rules, 2016. The petitioner submitted that "several companies manufacture paper cups labeled as 100% biodegradable, compostable, and recyclable, claiming approval from the Government of Kerala, without registration."

It was argued that such operations violated Rule 13, which mandates registration for producers, recyclers, and manufacturers involved in plastic packaging.

The respondents included the Central Pollution Control Board, Kerala State Pollution Control Board, the State of Kerala, Sprout Private Limited, and other stakeholders. The respondent manufacturers denied the allegations, submitting that their products complied with regulatory standards.

The Kerala State Pollution Control Board filed a report on June 16, 2023, focusing primarily on Respondent No. 4. The court recorded that "as regards Respondent No. 4, the Authorities have not reported any adverse position. There was no detailed affidavit on the larger issue." The Board was subsequently directed to file an affidavit addressing the broader concerns raised in the petition.

The court examined the framework of the Plastic Waste Management Rules, 2016, recording that "Rule 11 mandates the details of registration," which is governed by Rule 13. It was stated that "for registration, the registering authority has to examine whether all the necessary parameters have been met and whether manufacturing such products is not hazardous to human health and the environment."

The court recorded that "any product sold without registration under Rule 13 of the Rules of 2016 would not only be illegal but also hazardous to human health." It further stated that "Rule 14 prohibits even retailers and street vendors from selling or providing commodities to the consumer in carry bags and multilayered packaging, which are not manufactured, labeled, or marked as prescribed under the Rules."

The court noted that "the local body is responsible for developing infrastructure for segregation, collection, storage, transportation, processing, and disposal of plastic waste, either independently or through agencies." It was stated that the local body must also "take measures to prevent stocking, distribution, sale, and use of prohibited single-use plastic items."

The court recorded that "the mislabeling of products by unregistered entities can have serious consequences for human health and waste disposal, impacting the maintenance of a clean environment." It further stated that "while these stipulations are in the statute book, the issue is of ground-level implementation."

Regarding enforcement mechanisms, the court recorded that "the Kerala State Pollution Control Board has placed a Government Order dated 21 March 2023 on record, which directs the constitution of a special enforcement mechanism (Enforcement Squad) to identify violations related to waste management and take legal action." The affidavit filed by the Pollution Control Board detailed the steps taken for enforcement, including "district-wise identification of violations and ensuring compliance through inspection and periodic audit."

The court issued specific directions to the Kerala State Pollution Control Board and the Local Self Government Department, stating:

"The Local Self-Government Institutions in the State of Kerala will comply with the Circular dated 10 February 2025, issued by the State and assist the KSPCB in identifying the manufacturers and suppliers of banned Single Use Plastic (SUP) items, failing which the State Government will be entitled to take suitable action."

It further directed that "the Enforcement Squads will conduct inspections at the district level to identify major commercial establishments, including malls, marketplaces, shopping centres, cinema houses, tourist locations, schools, colleges, office complexes, hospitals, and other institutions, as well as stockists, retailers, sellers, importers, and similar entities engaged in bulk transactions of single-use plastic items and compostable or biodegradable commodities not certified by the CPCB and report the violations to the concerned Authorities."

The court also instructed the Kerala State Pollution Control Board to undertake awareness initiatives, stating: "The Board shall conduct regular interactive sessions, including convening meetings and organizing workshops with stakeholders (PIMBOs, PWPs, Plastic Waste Processors, Industry Associations, etc.) in the matter."

The Kerala State Pollution Control Board was directed to develop a mobile application for public grievance redressal, similar to the one created by the CPCB. The judgment stated: "The Kerala State Pollution Control Board, in collaboration with the State Government, will develop a mobile phone Application similar to the App developed by the Central Pollution Control Board for reporting violations and other plastic-related issues. The mobile application will be launched within three months."

The court concluded by stating: "These directions are in addition to the existing enforcement mechanisms and activities, and not in substitution of the same."

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The court recorded that "In case further directions are required regarding the functioning of the Enforcement Squads or assistance to the Pollution Control Board, we leave it open to the KSPCB, the Petitioner, or any public-spirited person/Non-Governmental Organization with bona fides, to approach this Court for the same."

Advocates Representing the Parties

For the Petitioner: P.B. Sahasranaman, T.S. Harikumar, Sanand Ramakrishnan

For the Respondents:

• M. Ajay, Counsel for the Central Pollution Control Board

• T. Naveen, Senior Counsel for the Kerala State Pollution Control Board

• V. Tekchand, Senior Government Pleader for the State of Kerala

• G. Hariharan, Counsel for Respondent No. 5

Case Title: Sudhakaran K.V. v. Central Pollution Control Board & Ors.
Neutral Citation: 2025:KER:19345
Case Number: WP(C) No. 16253 of 2023
Bench: Chief Justice Nitin Jamdar, Justice S. Manu

[Read/Download order]