Conduct Inspection Of Entities Engaged In Transaction Of Banned Single-Use Plastic Items: Kerala High Court Issues Directions

In the Public Interest Litigation before the High Court, the Petitioner raised the issue of the failure of the Respondent-Authorities 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.

The Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu held, “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.”

Advocate P.B. Sahasranaman represented the Petitioner while Advocate M. Ajay represented the Respondent.

Factual Background

The case, as set up by the Petitioner was that several companies manufacture paper cups labeled as 100% biodegradable, compostable, and recyclable, claiming approval from the Government of Kerala without registration. The Petitioner joined a Company- Sprout Private Limited as the fourth Respondent, naming it as one of the violators. The respondent filed a counter affidavit denying these allegations.

Reasoning

Referring to the Rules in question, the Bench explained that Rule 11 mandates the details of registration and any product sold without registration under Rule 13 would not only be illegal but also hazardous to human health. Moreover, the plastic products referred to under Rule 11 cannot be manufactured by a person who is not registered under Rule 13.

The Bench further noticed that directions have been issued to all the Local Self Government Departments to assist the KSPCB on identification, manufacture and supply of banned items. As per the Bench, exhaustive inspection drives are to be conducted through Enforcement Squads and regular inspections are to be carried out.

On a perusal of the facts and circumstances, the Bench asserted, “Therefore, there is an existing statutory framework, but admittedly, there are large scale violations. The mislabelling of products by unregistered entities can have serious consequences for human health and waste disposal, impacting the maintenance of a clean environment. Strict vigilance is, therefore, 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 Bench thus issued the following directions:

• 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.
• The Local Self self-government institutions will conduct inspections, independently or jointly with the KSPCB, at regular intervals to identify the manufacturers and suppliers of banned SUP items, including plastic-coated SUP items and compostable commodities.
• 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 Enforcement Squads will inspect the producers, manufacturers, importers, and brand owners engaged in plastic packaging, including the compostable carry bags and sheets, to verify their registration on the Centralized Extended Producer Responsibility (EPR) Portal, and report violations to the concerned Authorities.
• The Enforcement Squads will conduct regular inspections to ensure that only the entities holding valid CPCB authorization certificates are engaged in the sale of compostable plastics, and report violations to the concerned Authorities.
• The Kerala State Pollution Control Board, as part of its plan to educate retailers and vendors, will conduct meetings with the State and District Level Associations, office bearers of producers, recyclers, manufacturers, and Enforcement Squad stakeholders within one month. District-level meetings with Associations, office bearers, and Enforcement Squad stakeholders shall be conducted within two months.
• As part of its plan, the Kerala State Pollution Control Board will conduct awareness programs for the retailers and vendors in co-ordination with the Local Self Government Department, Suchitwa Mission, the relevant local bodies, and educational institutions. These activities can include awareness sessions, exhibitions on plastic alternatives, street plays involving educational institutions and Non-Governmental Organizations, media advertisements, short films, recognition of best practices, and preparation of informational brochures. Similar activities should be replicated next year.
• 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 Kerala State Pollution Control Board will, in addition to relying on the violations reported by the Enforcement Squads, take appropriate action for breaches of the Plastic Waste (Management and Handling) Rules, 2011, framed under the Environment Protection Act, 1986, reported through the mobile application.

Cause Title: Sudhakaran K. V. v. Central Pollution Control Board & Ors. (Neutral Citation: 2025:KER:19345)

Appearance:

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

Respondent: Advocates M. Ajay, SC T. Naveen, Senior Government Pleader V. Tekchand, Advocates G. Hariharan, K.S.Smitha, Amal Dev D, T.T. Shaniba

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