2025:KER:54508
W.P.(C). Nos.32780 of 2019 and connected cases
: 1 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 32780 OF 2019
PETITIONER:
GLISTER SACHET INDIA PRIVATE LIMITED,
9/105, PLOT NO.60 AND 61,KINFRA INDUSTRIAL PARK,
KAKKANCHERY, CALICUT UNIVERSITY.P.O, MALAPPURAM
DISTRICT-673635, REPRESENTED BY ITS MANAGING
DIRECTOR DEVADASAN
BY ADVS.
SHRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SMT.T.T.SHANIBA
SRI.M.V.VIPINDAS
SHRI.AMAL DEV D
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
ENVIRONMENT AND CLIMATE CHANGE, SOUTH SADWICH
BLOCK ROOM-SSBT II, 4TH FLOOR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE DISTRICT COLLECTOR
WAYANAD RD, CIVIL STATION, ERANHIPPALAM,
KOZHIKODE-673020
1
: 2 :
3 THE DISTRICT COLLECTOR
CIVIL STATION ROAD, UPHILL, MALAPPURAM-676505
4 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD NO.19/269-A,
PERINTHALMANNA ROAD UP HILL .P.O.,
MALAPPURAM -676505
5 THE ENVIRONMENTAL ENGINEER
KERALA STATE POLLUTION CONTROL BOARD 3RD FLOOR,
ZAMORIN'S SQUARE, LINK ROAD, KOZHIKODE-673002
6 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI,
PIN-110 003.
BY ADVS.
SRI.K.V.SOHAN, STATE ATTORNEY
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
: 3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 33893 OF 2019
PETITIONER:
KERALA PAPER CUP MANUFACTURERS ASSOCIATION
REGISTRATION NO.TVM/TC/351/2017, HAVING REGISTERED
ADDRESS AT ROOM NO.3, II FLOOR, GKN TOWERS,
VANCHIYOOR P.O., THIRUVANANTHAPURAM-35, REPRESENTED
BY ITS SECRETARY RAJESH KUMAR.
BY ADV KERALA PAPER CUP MANUFACTURERS
ASSOCIATION(PARTY-IN-PERSON)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
ENVIRONMENT AND CLIMATE CHANGE, SOUTH SANDWICH
BLOCK, ROOM-SSBT II, 4TH FLOOR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE KERALA STATE POLLUTION CONTROL BOARD,
PATTOM P.O., THIRUVANANTHAPURAM-695 004,
REPRESENTED BY ITS MEMBER SECRETARY.
BY ADVS. SRI.K.V.SOHAN, STATE ATTORNEY
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
: 4 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 34782 OF 2019
PETITIONERS:
1 DUROPACK INDUSTRIES,
REPRESENTED BY ITS MANAGING PARTNER MR. C.A. SHAHUL
HAMEED, NEAR RADIO STATION, AVANUR P.O., THRISSUR,
PIN - 680 541.
2 ASSOCIATED EXTRUSIONS,
REPRESENTED BY ITS PROPRIETOR MR. JOSE THOMAS
OTTAKATTIL, S.H. MOUNT P.O., KOTTAYAM,
PIN - 686 006.
3 SONA PLASTIC INDUSTRIES,
REPRESENTED BY ITS PARTNER MR. JEEJO M.X., PLOT
NO.3, INDUSTRIAL DEVELOPMENT PLOT, SOUTH
KALAMASSERY, ERNAKULAM, PIN - 683 109.
BY ADVS. SRI.P.RAVINDRAN (SR.)
SMT.CISSY MATHEWS
SRI.SARUN RAJAN
SHRI.JAWAHAR JOSE
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI,
PIN - 110 003.
: 5 :
2 THE STATE OF KERALA,
REPRESENTED BYITS SECRETARY, DEPARTMENT OF
ENVIRONMENT AND CLIMATE CHANGE, GOVERNMENT
SECRETARIAT, STATUE, THIRUVANANTHAPURAM,
PIN - 695 001.
3 THE CENTRAL POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY, PARIVESH
BHAVAN, EAST ARJUN NAGAR, NEW DELHI, PIN - 110 032.
4 KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY, PATTOM P.O.,
THIRUVANANTHAPURAM , PIN - 695004.
5 THE KERALA PLASTIC MANUFACTURES ASSOCIATION,
REPRESENTED BY ITS SECRETARY, 1ST FLOOR, VEEKAY
TOWER, BEERANJUNJU ROAD, ERNAKULAM NORTH, KOCHI,
PIN - 682 018.
ADDL.R5 IS IMPLEADED AS PER ORDER DATED 25.02.2020
IN I.A.NO.1/2020 IN WP(C).
BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.K.V.SOHAN, STATE ATTORNEY
SHRI.M.AJAY
SHRI.C.DINESH, CGC
GOVERNMENT PLEADER ADV. RIYAL DEVASSY
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
: 6 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 35451 OF 2019
PETITIONERS:
1 M.S.M.MUSTHAFA
AGED 59 YEARS
PRESIDENT, ALL KERALA PLASTIC DEALERS ASSOCIATION,
C/O.KERALA MERCHANTS CHAMBER OF COMMERCE, 1ST
FLOOR, ALLIANCE RESIDENCY, MARINE DRIVE, ERNAKULAM,
KOCHI-682031
2 ROY.K.P.
PRESIDENT, ERNAKULAM GENERAL MERCHANTS ASSOCIATION,
MERCHANTS BUILDING, BROADWAY, ERNAKULAM, KOCHI-
682031
3 VIPIIN
GENERAL SECRETARY, KERALA MERCHANTS CHAMBER OF
COMMERCE, 1ST FLOOR, ALLIANCE RESIDENCY, MARINE
DRIVE, ERNAKULAM, KOCHI-682031
4 NOUSHAD.T.C
GENERAL SECRETARY, BAKERS ASSOCIATION,
KANNACHANTODE, AYYAPPANKAVU, ERNAKULAM, KOCHI-
682018
5 ABDUL RAHIMA
SECRETARY, PAPER PLATE AND PAPER PRODUCT
MANUFACTURES AND DEALERS IN KERALA, BROADWAY,
ERNAKULAM, KOCHI-682031
: 7 :
6 NATIONAL AGENCIES
BR.50/1134-A, MASJID LANE, EDAPPALLY, ERNAKULAM, KOCHI-682024, REPRESENTED BY ITS PARTNER
7 NATIONAL AGENCIES,
BR.50/1134-A, MASJID LANE, EDAPPALLY, ERNAKULAM, KOCHI-682024, REPRESENTED BY ITS PARTNER,
8 CEYLON FANCY HOUSE,
MARKET ROAD, ERNAKULAM, KOCHI-682031, REPRESENTED
BY ITS MANAGING PARTNER
9 ADAHAS.T.S.
S/O.SIDHIK, THOTTATHIL HOUSE, ELAMAKKARA.P.O, PUTHUKKALAVATTOM, KOCHI-682026
10 MARUTHI AGENCIES,
40/4648, BASIN ROAD, ERNAKULAM, KOCHI-682035,
REPRESENTED BY ITS PARTNER,
11 JAYESH ANTONY,
S/O.ANTONY, ARACKAL HOUSE, ELAMKUNNAPUZHA.P.O.,
VYPIN, ERNAKULAM
12 GREEN TRADE LINKS
12/259 C, KUTTY SAHEB ROAD, SOUTH CHITTOOR, KOCH- 682027 REP BY IT'S PROPRIETOR, AKHIL ANOTNY
BY ADVS.SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, AND SECRETARY TO GOVERNMENT,
ENVIRONMENT DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
: 8 :
2 KERALA STATE POLLUTION CONTROL BOARD
PLAMOOD, THIRUVANANTHAPUYRAM-695004 REPRESENTED BY
MEMBER SECRETARY
3 THE DIRECTOR OF URBAN AFFAIRS,
SWARAJ BHAVAN, NANTHANCODE, KOWDIAR.P.O,
THIRUVANANTHAPURAM-695003
4 THE DIRECTOR OF PANCHAYATH
THIRUVANANTHAPURAM-695001
5 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF ENVIRONMENT AND FOREST, CENTRAL
SECRETARIAT, NEW DELHI-110001
BY ADVS.
SRI.K.V.SOHAN, STATE ATTORNEY
SHRI.P.VIJAYAKUMAR
SHRI.C.DINESH, CGC
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
: 9 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 36000 OF 2019
PETITIONER:
MALAYALE NON WOVEN BAG MANUFACTURING ASSOCIATION
DOOR NO.15/634D, EDATHALA KUZHUVELIPADI, ERNAKULAM,
REP. BY ITS SECRETARY SRI.ROY K GEORGE, AGED 52
YEARS, S/.O.GEORGE
BY ADVS. SRI.JOBY JACOB PULICKEKUDY
SRI.ANIL GEORGE
SMT.T.ANCY
SMT.N.B.FATHIMA SULFATH
SMT.K.BINCYMOL
SHRI.DAJISH JOHN
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF
ENVIRONMENT FOREST AND CLIMATE CHANGE, INDIRA
PARIYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI-110003
2 THE SECRETARY
MINISTRY OF MICRO, SMALL MEDIUM ENTERPRISES R 123,
UDOGBHAVAN, RAFI MARG, NEW DELHI-110011
3 THE STATE OF KERALA
REP BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
: 10 :
4 STATE OF KERALA REP BY THE SECRETARY
INDUSTRIES DEPARTMENT, ROOM NO.377, FIRST FLOOR,
MAIN BLOCK SECRETARIAT, THIRUVANANTHAPURAM-695001
5 THE KERALA STATE POLLUTION CONTROL BOARD
REP,BY THE CHIEF ENVIRONMENTAL ENGINEER HEAD
OFFICE, PATTAM, THIRUVANANTHAPURAM
6 THE ADDITIONAL CHIEF SECRETARY
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
7 THE ADDITIONAL SECRETARY
DEPARTMENT OF ENVIRONMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SHRI.C.DINESH, CGC
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
: 11 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 2224 OF 2020
PETITIONERS:
1 KERALA PLASTICS MANUFACTURERS ASSOCIATION(NORTH
ZONE)
ADITHYA FLEXO PACK, 12/724B, MALABAR PLYWOOD COMPOUND, FEROK P.O., CHERUVANNUR, KOZHIKODE-673
631, REPRESENTED BY ITS SECRETARY K.RINISH.
2 MOHAMMED ASHRAF, PARTNER, M/S., GEM PLOYPACKS, VII/417, THALAPPARA, MOONIYOOR P.O., MALAPPURAM-676 311.
3 P.K.HAMZA, PARTNER, M/S. ABAD PLOYPACKS, KP 8/369, KALVARY HILLS, KADALUNDI, KOZHIKODE-673
302, REPRESENTED BY ITS PARTNER MOHAMMED ASHRAF.
BY ADVS. SRI.PRAVEEN.H.
SRI.JOSEPH KODIANTHARA (SR.)
SHRI.G.HARIHARAN
SMT.K.S.SMITHA
SMT.T.T.SHANIBA
SRI.M.V.VIPINDAS
SHRI.AMAL DEV D
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
ENVIRONMENT AND CLIMATE CHANGE, SOUTH SANDWICH
BLOCK, ROOM-SSBT II, 4TTH FLOOR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
: 12 :
2 THE CHIEF ENVIRONMENTAL ENGINEER,
KERALA POLLUTION CONTROL BOARD, PATTOM,
THIRUVANANTHAPURAM-695 004.
3 THE CENTRAL POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY, PARIVESH
BHAVAN, EAST ARJUN NAGAR, NEW DELHI-110 032.
4 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, FORET AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAVAN, JORBAGH ROAD, NEW DELHI,
PIN-110 003.
BY ADVS.
SRI.K.V.SOHAN, STATE ATTORNEY
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD,
SHRI.M.AJAY
SRI.KRISHNADAS P.NAIR, SENIOR PANEL COUNSEL
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.3592/2020, 6645/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
: 13 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 3592 OF 2020
PETITIONER:
MUHAMMED RAFI
AGED 40 YEARS
ANJILIMOOTTIL HOUSE,EDATHALA.
BY ADV SHRI.PHILIP J.VETTICKATTU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, ENVIRONMENT
DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
2 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.
BY ADVS. SRI.K.V.SOHAN, STATE ATTORNEY
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
: 14 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 6645 OF 2020
PETITIONERS:
1 PADINJAREKARA POLYMERS PRIVATE LIMITED
DEVALOKAM (P.O.), KOTTAYAM DISTRICT, PIN-686004,
REPRESENTED BY ITS MANAGING DIRECTOR MR. KURIAN
CHERIAN.
2 KAIRALI POLYPACK PRIVATE LIMITED,
EXHIBITION ROAD, WEST HILL (P.O.), KOZHIKODE DISTRICT,
PIN-673005, REPRESENTED BY ITS MANAGING DIRECTOR MR.
ARUN SREENIVASAN.
3 ROYAL PLASTICS AND PRINTING INDUSTRIES,
KANIPAYOOR (P.O.), KUNNAMKULAM (VIA), THRISSUR
DISTRICT, PIN-680517, REPRESENTED BY ITS MANAGING
PARTNER MR. P.C.SHONOJ.
4 PARASSINI POLYMERS,
2ND PHASE OF THE INDUSTRIAL DEVELOPMENT PLOT,
PARASSINIKADAVU (P.O.), KANNUR DISTRICT, PIN-670563,
REPRESENTED BY ITS MANAGING PARTNER MR. S.SIVAPRASAD.
5 POLY PRINT INDUSTRIES,
PERUNNA EAST, CHANGANACHERRY (P.O.), KOTTAYAM
DISTRICT, PIN -686102, REPRESENTED BY ITS MANAGING
PARTNER MR. JOSEPH SANDER.
: 15 :
6 UNITECH PRINT N PACK,
CHOLA ROAD, PATTANNUR (P.O.), KANNUR DISTRICT, PIN-
670595, REPRESENTED BY ITS MANAGING PARTNER MR.
KEETHEDATH MUHAMMED ALI.
7 ROHINI PLASTO PACK,
VELLIPARAMBA (P.O.), KOZHIKODE DISTRICT, PIN-673008,
REPRESENTED BY ITS MANAGING PARTNER MR. ALOK KUMAR
SABOO.
8 NEO PLAST INDUSTRIES,
KOOVAPPADY (P.O.), PERUMBAVOOR, ERNAKULAM DISTRICT,
PIN-683544, REPRESENTED BY ITS MANAGING PARTNER MR.
VINOD V.D.
9 RENON PLASTICS,
MINI INDUSTRIAL ESTATE, MAMOOD (P.O.), CHANGANACHERRY,
KOTTAYAM DISTRICT, PIN-686553, REPRESENTED BY ITS
MANAGING PARTNER MR. M.D.JOHN.
10 BHARATH POLYMERS,
BINANIPURAM (P.O.), ALUVA, ERNAKULAM DISTRICT, PIN-
683502, REPRESENTED BY ITS MANAGING PARTNER MR.
BASHEER T.P.
11 MARY VIJAYAM POLY PRINTS,
THOTTIPPAL, NEDUMPAL (P.O.), THRISSUR DISTRICT, PIN-
680310, REPRESENTED BY ITS MANAGING PARTNER MR. JOSE
K. DAVIS.
12 WINSOME POLYMERS,
KADALUNDI (P.O.), KOZHIKODE DISTRICT, PIN-673005,
REPRESENTED BY ITS PROPRIETOR MR. JAYAPRAKASH P.
13 SUPREME POLYMERS,
AMBALLOUR PADAM STOP, KALLUR( P.O.), THRISSUR
DISTRICT, PIN - 68037; REPRESENTED BY ITS MANAGING
PARTNER MR.SIJU K.A.
: 16 :
14 NEO POLYPACK,
KOOVAPADY (P.O.), PERUMBAVOOR, ERNAKULAM DISTRICT,
PIN-683544, REPRESENTED BY ITS PROPRIETOR MR. SAJU
N.P.
15 HINDUSTAN POLYMERS AND PLASTICS,
INDUSTRIAL ESTATE, KALVARY HILLS, KADALUNDI (P.O.),
KOZHIKODE DISTRICT, PIN-673302, REPRESENTED BY ITS
PARTNER MR. ABDUL SALEEM T.C.
16 M.J.PLASTICS,
KOONAMMAVU (P.O.), ERNAKULAM DISTRICT, PIN-683518,
REPRESENTED BY ITS PROPRIETOR MRS. JESSY MARTIN.
BY ADV SHRI.JAWAHAR JOSE
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI, PIN-
110003.
2 THE STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN-
695001.
3 THE SECRETARY,
DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE,
GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM,
PIN-695001.
4 THE CENTRAL POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY, PARIVESH
BHAWAN, EAST ARJUN NAGAR, NEW DELHI, PIN-110032.
: 17 :
5 THE KERALA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY, PATTOM (P.O.)
THIRUVANANTHAPURAM, PIN-695004.
BY ADVS.
SHRI.C.DINESH, CGC
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SHRI.M.AJAY
SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
BOARD,
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
: 18 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 12311 OF 2020
PETITIONER:
AISWARYA POLYMERS PRIVATE LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR SHR
V.V.PRABHAKARAN PILLAI, PERUMBAIKADU.P.O, KOTTAYAM
DISTRICT PIN-686016
BY ADV SHRI.JAWAHAR JOSE
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF
ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA
PARAYAVARAN BHAWAN, JORBAGH ROAD, NEW DELHI PIN-
110003
2 THE STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN-695001
3 THE SECRETARY
DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE,
GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM
PIN-695001
4 THE CENTRAL POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY, PARIVESH
BHAWAN, EST ARJUN NAGAR, NEW DELHI PIN-110032
: 19 :
5 THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS MEMBER SECRETARY, PATTAM.P.O,
THIRUVANANTHAPURAM PIN-695004
BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SHRI.M.AJAY
SHRI.C.DINESH, CGC
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
: 20 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 14981 OF 2020
PETITIONERS:
1 AJITHKUMAR K
PROPRIETOR, NEW HARI HOLY PACKINGS, PLOT NO.49,
TECHNO INDUSTRIAL PARK, KINFRA-KAKKANCHERI,
MALAPPURAM DISTRICT.
2 MUHAMMEDKUTTY M.,
MANAGING PARTNER, F.M.MARKETING, 6/67 G. 10C ROAD,
PUTTEKKAD, FEROKE, KOZHIKODE.
3 NOUSHAD V.,
MANAGING PARTNER, SALALA AGENCIES, EAST KALLAI,
KOZHIKODE.
4 T.M.ABDUL LATHEEF,
PARTNER, SUPREME PLASTIC INDUSTRIES, 15/969,
AZHIKKAL ROAD, PALLIKKANDY, KOZHIKODE.
BY ADV SHRI.EBIN MATHEW
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE SECRETARY TO GOVERNMENT,
ENVIRONMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
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3 THE KERALA STATE POLLUTION CONTROL BOARD,
H.O.PATTOM P.O., THIRUVANANTHAPURAM, PIN-695004.
4 THE KOZHIKODE CORPORATION,
REPRESENTED BY ITS SECRETARY, OFFICE OF THE
KOZHIKODE CORPORATION, KOZHIKODE, PIN-673001.
5 FEROKE MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, OFFICE OF THE FEROKE
MUNICIPALITY, FEROKE P.O., KOZHIKODE DISTRICT, PIN-
673011.
6 CHELAMPRA GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, OFFICE OF THE
CHELAMPRA GRAMA PANCHAYAT, CHELAMPRA P.O.,
MALAPPURAM DISTRICT-676503.
BY ADVS.
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SHRI.V.V.SURENDRAN
SRI.P.A.HARISH
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 23RD DAY OF JULY 2025 / 1ST SRAVANA, 1947
WP(C) NO. 24937 OF 2020
PETITIONER:
1 SPROUT PRIVATE LIMITED
NEAR RUBCO LATEX FACTORY,SREEKANDAPURAM,KANNUR DISTRICT-
670631,REPRESENTED BY ITS MANAGING DIRECTOR,SANTHOSH
PHILIP,AGED 40 YEARS, SON OF PM PHILIP,RESIDING AT
PARAMABATTE HOUSE,KAITHAPURAM.P.O, MADAMAPAM,
SREEKANDAPURAM,KANNUR-670631.
2 SANTHOSH PHILIP,
AGED 40 YEARS
SON OF PM PHILIP,RESIDING AT PARAMBATTE HOUSE,KAITHAPURAM
PO,MADAMAPAM, SREEKANDAPURAM,KANNUR-670631.
3 THOMAS JOSE,
S/O T.T.JOSE,THANNICHUVATTIL,KAIPUZHA, KOTTAYAM-686602.
BY ADVS.
SRI.PRAVEEN.H.
SHRI.SANTHOSH MATHEW (SR.)
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SRI.ANIL SEBASTIAN PULICKEL
SMT.JAISY ELZA JOE
SMT.VEENA RAVEENDRAN
SHRI.G.HARIHARAN
SMT.K.S.SMITHA
SMT.T.T.SHANIBA
SHRI.AMAL DEV D
SMT.SNEHA M.S.
SHRI.ABHIJITH E.R.
: 23 :
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
ENVIRONMENT AND CLIMATE CHANGE,SOUTH CANDWICH
BLOCK,ROOM-SSBT II,4TH FLOOR,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE ABDUL RAHMAN NAGAR GRAMA PANCHAYATH,
POOLAKKAL PURAYA,ABDUL RAHMAN NAGAR, MALAPPURAM-
676305,REPRESENTED BY ITS SECRETARY.
3 THE PRESIDENT,ABDUL RAHMAN NAGAR GRAMAPANCHAYATH,
POOLAKKAL PURAYA,ABDUL RAHMAN NAGAR, MALAPPURAM-676305.
4 THE DISTRICT COLLECTOR,COLLECTORATE,
UP HILL,MALAPPURAM-676505.
5 THE REVENUE DIVISIONAL OFFICER,
TIRUR,THRIKKANDIYOOR ROAD,TIRUR,
MALAPPURAM DISTRICT-676101.
6 THE ENVIRONMENTAL ENGINEER,
KERALA POLLUTION CONTROL BOARD, NO.19/269- A,PERINTHALMANNA ROAD, UP HILL, MALAPPURAM-676505.
7 THE STATION HOUSE OFFICER,
TIRURANGADI POLICE STATION,CHEMMAD, MALAPPURAM
DISTRICT-676306.
8 M/S GRAND PAPER PRODUCTS, HAVING GST NO.32AOWPH605HIZO,21/101, A MALAPPURAM LIND ROAD,VK PADI, THIRURANGADI,MALAPPURAM-676306,
REPRESENTED BY ITS MANAGING DIRECTOR.
9 M/S GREEN INDUSTRIES HAVING ITS GST NO.32DRRPS5837LIZX, AP 4/112 E,MALAPPURAM LIND ROAD, VK
PADI,THIRURANGADI,MALAPPURAM-676306, REPRESENTED BY ITS
MANAGING DIRECTOR.
: 24 :
*10 ADDL. R10. SECRETARY,
ABDUL RAHMAN NAGAR GRAMA PANCHAYATH, POOLAKKALPURAYA,
ABDUL RAHMAN NAGAR MALAPPURAM-676305.
*IS IMPLEADED AS PER ORDER DATED 15.12.2020 IN I.A.NO.4/2020 IN WP(C) 24937/2020.
BY ADVS.
GOVERNMENT PLEADER ADV.RIYAL DEVASSY
SMT.MEENA.A.
SHRI.HARISH R. MENON
SRI.VINOD RAVINDRANATH
SMT.M.R.MINI
SRI.ASHWIN SATHYANATH
SRI.K.C.KIRAN
SRI.M.DEVESH
SHRI.THAREEQ ANVER
SHRI.ANISH ANTONY ANATHAZHATH
SRI.K.T.SHYAMKUMAR
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
23.07.2025, ALONG WITH WP(C)NO.2224/2020 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
: 25 :
VIJU ABRAHAM, J.
- - - - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C) Nos.32780, 33893, 34782, 35451 & 36000 of 2019 and 2224, 3592, 6645, 12311, 14981 & 24937 of 2020
- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rdday of July, 2025
JUDGMENT
W.P.(C) Nos.32780, 35451 & 36000 of 2019 and 2224, 3592, 6645, 12311 & 14981 of 2020 are essentially filed challenging Government Order No.6/2019/Environment dated 27.11.2019 and G.O.(Ms) No.7/2019/Environment dated 17.12.2019 whereas W.P. (C)Nos.33893 & 34782 of 2019 are filed challenging only Government Order No.6/2019/Environment dated 27.11.2019. W.P.(C)No.24937 of 2020 is filed seeking implementation of these Government Orders. These Government Orders were issued prohibiting the single use of plastics in the State of Kerala. The competence of the State Government to issue such orders is assailed in these writ petitions.
2. The learned Government Pleader would submit that the issue regarding the competence of the State Government to ban
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various types of single use plastics by invoking the power under Section 5 of the Environment (Protection) Act, 1986 has been upheld by the Apex Court by the judgment dated 20.10.2023 in
Tamil Nadu and Puducherry Paper Cup Manufactures Association v. State of Tamil Nadu & Ors.[ 2023 SCC OnLine
SC 1383].
3. The learned Standing Counsel for the Central Pollution Control Board also brought to my notice that the writ petitions were filed challenging the competence of the State Government to issue such orders in the absence of any rules framed in this regard by the Central Government, but submits that later the Rules in this regard were framed as per notifications dated 12.08.2021 & 06.07.2022, issued by the Ministry of the Environment, Forest & Climate Change, Government of India.
4. In the light of the declaration of law by the Apex Court upholding the power of the State Government to issue ban orders regarding various stages of single use plastics, I am of the view that the challenge against the Government Orders are only to be rejected. Taking into consideration the above facts and
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circumstances, I am inclined to repel the challenge made in these writ petitions against the Government Orders referred to above.
5. In W.P.(C)No.14981 of 2020, over and above the challenge made against the above said Government Orders, the petitioners also sought for a direction to the 4threspondent to repay an amount of Rs.10,000/- to the 2ndpetitioner, which is the fine imposed by the local authority. As regards the additional prayer of the petitioner for repayment of the said amount, which is imposed as a fine, I am of the view that it is for the petitioner to work out their remedy in appropriate proceedings.
6. In W.P.(C)No.12311 of 2020, though a challenge was made against the above stated Government Orders, they have also sought for refund of an amount of Rs.13,51,513/- from the State Government with bank interest. Such a claim was made with respect to the stock material during the transition period. But I find that there is no averment in the writ petition that said stock material was seized by the Government or any other authority. Therefore, such factual issues without any proper averments cannot be adjudicated in a writ proceeding. I am leaving open
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such claim of the petitioner to be agitated in appropriate proceedings. If the petitioner initiate any such proceedings, the period the petitioner has spent before this Court prosecuting the above writ petition could be claimed for excluding the period of limitation provided for initiation of such proceedings.
7. W.P.(C)No.24937 of 2020 is filed seeking implementation of the above stated Government Orders. Taking into consideration the fact that the challenge against these Government Orders are repelled by this Court, it is made clear that the Government is duty bound to implement the directions in the Government Orders as well as the rules framed in this regard by the Government of India and if there is any breach, the petitioners will be free to represent the matter before the authority concerned, who shall take appropriate action in accordance with law. With the above said directions the writ petitions are disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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EXHIBIT P12 TRUE COPY OF THE LIST OF MACHINERIES
EXHIBIT P13 TRUE COPY OF THE LIST OF SUNDRY DEBTORS
OF THE PETITIONER FOR A PERIOD OF
01/04/2019 TO 31/12/2019
EXHIBIT P14 TRUE COPY OF THE CALCULATION OF STOCK
VALUE OF THE PETITIONER, AS ON 31ST
DECEMBER 2019
: 32 :
EXHIBIT P11 A TRUE COPY OF THE LETTER DATED
21.11.2012.
EXHIBIT P12 TRUE COPY OF THE DIRECTION ISSUED UNDER
S.5 OF THE ENVIRONMENT PROTECTION ACT BY
THE 2ND RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE REPLY SENT TO EXHIBIT
P12 BY THE PETITIONER ASSOCIATION.
EXHIBIT P14 TRUE COPY OF THE NOTIFICATION
NO.GO(MS)NO.7/2019 ENVT DATED 27.11.2019
EXHIBIT P15 TRUE COPY OF THE INTERIM ORDER DATED
07.01.2020 PASSED IN WPC NO.34782/2019.
EXHIBIT P16 TRUE COPY OF THE INTERIM ORDER DATED
15.01.2020.
: 35 :
EXHIBIT P10 TRUE COPY OF THE ARTICLE DEALING WITH THE
POSSIBLE THREATS OF SUCCESSOR TO BANNED
PLASTIC.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
7/2/2020 SUBMITTED BY THE PRESIDENT FOR KERALA MERCHANT'CHAMBER OF COMMERCE BEFORE THE HON'BLE CHIEF MINISTER OF
KERALA
: 36 :
APPENDIX OF WP(C) 36000/2019
PETITIONER EXHIBITS
EXHIBIT P1 THE LIST OF 43 MEMBERS IN THE ASSOCIATION
FOR THE PURPOSE OF RULE 147A OF THE
KERALA HIGH COURT RULES
EXHIBIT P2 TRUE PHOTOCOPY OF GOVERNMENT ORDER DATED
27.11.2019 ISSUED BY THE ENVIRONMENTAL
DEPARTMENT
EXHIBIT P2(A) TRUE PHOTOCOPY OF GOVERNMENT ORDER DATED
17.12.2019
EXHIBIT P3 TRUE PHOTOCOPY OF GO(RT)NO.134/18/ENVT
DATED 12.12.2018
EXHIBIT P4 TRUE PHOTOCOPY OF CERTIFICATE DATED
29.06.2016 ISSUED BY THE MINISTRY OF
TEXTILES, GOVERNMENT OF INDIA
EXHIBIT P5 TRUE PHOTOCOPY OF CERTIFICATE DATED
01.02.2019 ISSUED BY THE RURAL SELF
EMPLOYMENT TRAINING INSTITUTE
EXHIBIT P6 TRUE PHOTOCOPY OF CONSENT VARIATION ORDER
ISSUED BY THE KERALA STATE CONTROL BOARD
FOR THE RECYCLING OF NON WOVEN BAGS DATED
27.11.2019
EXHIBIT P7 TRUE PHOTOCOPY OF REPRESENTATION
SUBMITTED TO THE CHIEF MINISTER OF KERALA
DATED 23.12.2019
: 38 :
EXHIBIT P14 TRUE COPY OF THE NOTIFICATION
NO.GO(MS)NO.7/2019 EVNT. DATED
17.12.2019.
EXHIBIT P15 TRUE COPY OF THE INTERIM ORDER DATED
7.1.2020 PASSED IN WP(c)NO-34782/2019
EXHIBIT P16 TRUE COPY OF THE INTERIM ORDER DATED
15.1.2020
: 43 :
EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 05.02.2020
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P15 TRUE COPY OF RECEIPT FOR RS.10,000/-
DATED 26.02.2020.
: 45 :
EXHIBIT P12 TRUE COPY OF THE COMPLAINT DATED
21.10.2020 FILED BEFORE THE 4TH
RESPONDENT BY THE 3RD PETITIONER.
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