Kerala High Court Asks Pollution Control Board To Formulate Permanent Plan Of Action To Prevent Unregistered Manufacturers Of Plasticware

The Division Bench of Chief Justice Nitin Jamdar and Justice S.Manu stated that continuous monitoring is required in the matter, which will have to be done by the Pollution Control Board with the help of local authorities and police.

“The Pollution Control Board will have to carry out this monitoring with aid and assistance of other authorities such as local authorities and police authorities. Therefore, a permanent plan of action to ensure that unregistered manufacturers and producers do not engage in activities covered by the concerned Rules will have to be formulated by the Board.”

The Court was hearing a Public Interest Litigation seeking directions to the State government to take strict action against producers and manufacturers of plastic cups, plates, covers and other products who are operating without obtaining registration as per the Rules.

The Court thus directed the PCB to file an affidavit stating how it proposes to take measures and what help is required from other authorities. It also stated that as per Rule 12, the Pollution Control Board is the prescribed authority for enforcing provisions regarding registration, manufacturing, packaging, and processing of plastic plates and cups and their disposal.

Court stated, “Let an affidavit with plan of action be filed by the Chairperson or affidavit approved by the Chairperson be placed on record.”

The matter has been posted to December 06 for further hearing.

Counsel for Petitioners: Senior Advocate P.B.Sahasranaman, Advocates T S Harikumar, Sanand Ramakrishnan, Raajesh S Subrahmanian, M Ajay

Counsel for Respondents: Standing Counsel T Naveen , Advocates Praveen H, K S Smitha, Amal Dev D, T T Shaniba, G Hariharan

Case Number: WP(C) NO. 16253 OF 2023

Case Title: Sudhakaran K V v K Prabhakaran

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