Kerala High Court Upholds Government Order Banning Single Use Plastics In State

The Kerala High Court has upheld the State Government's 2019 order banning single use plastic while affirming its authority to issue the order under Section 5 of the Environment (Protection) Act, 1986.

The Court was considering a batch of Writ Petitions challenging the competence of the State Government to issue orders prohibiting the single use of plastics in the State of Kerala.

The Bench of Justice Viju Abraham held, "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 circumstances, I am inclined to repel the challenge made in these writ petitions against the Government Orders referred to above."

The Petitioner was represented by Advocate G. Hariharan, while the Respondent was represented by State Attorney N. Manoj Kumar.

The Government Pleader had submitted that the issue regarding the competence of the State Government to ban 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 in Tamil Nadu and Puducherry Paper Cup Manufactures Association v. State of Tamil Nadu & Ors. (2023)

Standing Counsel for the Central Pollution Control Board pointed out that the Rules authorizing the State Government to issue such orders were framed as per notifications dated August 12, 2021 & July 06, 2022, issued by the Ministry of the Environment, Forest & Climate Change, Government of India.

The Writ Petitions were accordingly dismissed.

Cause Title: Glister Sachet India Private Limited v State of Kerala & Ors. (2025:KER:54508)

Appearances:

Petitioner- Advocate G. Hariharan, Advocate Praveen H., Advocate K.S. Smitha, Advocate T.T. Shaniba, Advocate M.V. Vipindas, Advocate Amal Dev D.

Respondent- Government Pleader Riyal Devassy, State Attorney N. Manoj Kumar, Senior Government Pleader P.G. Pramod

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