Kerala High Court Orders Effective Implementation Of Plastic Ban In Sabarimala, Removal Of Unauthorized Hawkers

The Division Bench comprising Justice Anil K. Narendran and Justice G. Girish directed thus:

“we deem it appropriate to direct the 2nd respondent District Collector, Pathanamthitta, the 3rd respondent District Police Chief, Pathanamthitta, the 4th respondent Deputy Director, Periyar West Division, the 9th respondent Executive Officer, Sabarimala and the Secretary of the 10th respondent Ranni-Perunad Grama Panchayat to prevent the sale of plastic bottles, packed drinking water in plastic/PET bottles and also the sale of plastic utensils and toys in Sannidhanam, Pamba and Nilakkal and also in the trekking path, by any Kuthaka holder or unauthorised hawkers, through the Duty Magistrates, Inspectors of the Legal Metrology Department, the enforcement squad of Ranni-Perunad Grama Panchayat and also the Vigilance Wing of the Travancore Devaswom Board.”

The Court passed the above order in a suo moto petition considering the report of the Sabarimala Special Commissioner regarding the usage of plastic toys, plastic articles and drinking water in plastic and PET bottles by unauthorized hawkers and kuthaka holders in Sabarimala.

It observed that in 2016, the Court had issued an order completely banning plastic bottles including PET bottles, packed drinking water bottles in Sabarimala. It also prohibited the selling of plastic toys and utensils unconnected with the Sabarimala pilgrimage. Further, it noted that in 2018 also, the Court had directed authorities to ban the usage of plastic in any form in and around Sabarimala.

The Report submitted by the Sabarimala Special Commissioner referred to clause No.43 of the general tender conditions which was added in abeyance of the directions issued by the Court to ensure the complete banning of the sale of plastic in Sabarimala by kuthaka holders. Relying upon Section 83 of the Kerala Police Act, 2011, it was submitted that Sabarimala is notified as a Special Security Zone and unauthorized activities of hawkers should be prevented to avoid security lapses.

The Court was also apprised that 256 cases of drinking water in PET bottles were seized by the police on January 6, 2024.

The Court directed that stern action be taken against persons selling packed drinking water in plastic/PET bottles and other plastic articles contrary to the tender conditions. It also directed the Travancore Devaswom Board to close down the shops that are selling plastic articles contrary to the tender conditions.

Appearance: Senior Government Pleader S Rajmohan, Amicus Curiae N Raghuraj,

Standing Counsels G Biju and D Kishore

Case title: Suo Moto v State of Kerala

Case number: SSCR NO.2 OF 2024

Click this link to read/download the order

Click this link to access the previous reports by LiveLaw on various guidelines issued by the Court in Sabarimala matters.