Don't Fight Political Battles Here: Supreme Court Refuses To Entertain Petition Against PVC Boards In Kerala

The Supreme Court has refused to hear a petition from the NGO Human Rights Foundation regarding the regulation of PVC flex boards in Kerala. The plea sought to address the environmental hazards of plastic pollution.

The Court was hearing a Special Leave Petition assailing the judgment of the Kerala High Court, which dismissed a writ petition filed against plastic pollution and the widespread use of PVC flex boards.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi disposed of the petition, directing the NGO to seek alternative legal remedies instead.

Chief Justice remarked, "Look at the timing of the petition...Kerala elections are coming. You are seeking to restrain the State Government. How many states can we keep on restraining? This is the problem...that people start fighting political battles in this Court also, whether in Kerala or A State or B State. These all prayers are only to embarrass the State Government...This is to create a difficult situation for them."

"You people want to create some impediment for whatever election campaign", Chief Justice Kant added.

Chief Justice Kant remarked that the prayers appeared to be a "political battle" designed to "embarrass the State Government" rather than a purely environmental concern.

The bench highlighted that the issue is already being addressed by the State.

Justice Bagchi noted that the Kerala government had previously informed the High Court of its intent to enforce existing orders against PVC boards. While these orders are currently being contested by flex board manufacturers in a separate High Court bench, the Supreme Court asked the petitioner to file an intervention in those ongoing proceedings.

Before the High Court, the Petitioner filed a petition stated to be in public interest, with a simpliciter prayer to direct the Respondent-State Authorities to enforce the notifications. It was submitted by the State Government that it took the stand that the issuance of these notifications is essential to address the issue of pollution caused by plastic products, particularly PVC flex boards. Therefore, the State did not oppose the prayer of the Petitioner and stated that the State is enforcing these orders.

"These orders of which the Petitioner seeks enforcement are challenged by the Association of Suppliers of the raw materials for flex boards on the grounds of lack of competence of the Government and other grounds stated in the petition. The writ petition filed by the Association will have to be considered in substantive proceedings, there being no lis to be decided in this Public Interest Litigation, W.P(C)No.27374 of 2023 needs to be placed before the learned Single Judge as per roster. The Registry to take necessary steps", the High Court had ordered.

Accordingly, the Court declined to intervene in the matter and granted liberty to the Petitioner-NGO to pursue the matter further.

Cause Title: Human Rights Foundation v. State of Kerala [Dairy No. 57646/2025]