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Kerala High Court asks Pollution Control Board to formulate permanent action plan to stop unregistered manufacturers of plastic items
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Kerala High Court asks Pollution Control Board to formulate permanent action plan to stop unregistered manufacturers of plastic items

THE High Court of Kerala asked the Pollution Control Board to develop a “permanent action plan” to ensure that producers and manufacturers of plastic cups, plates, lids and other products do not operate in violation of the provisions of the plastic waste management rules of 2016.

The division bench of Chief Justice Nitin Jamdar And Judge S. Manu said that continuous monitoring is required in the matter, which will have to be carried out by the Pollution Control Board with the help of local authorities and police.

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

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, lids and other products who operate without obtaining registration in accordance with the rules.

The Court, therefore, directed the PCB to file an affidavit stating how it proposes to take action and what assistance is required from other authorities. It also said that as per Rule 12, the Pollution Control Board is the prescribed authority to enforce the provisions regarding registration, manufacture, packaging and processing of plastic plates and cups and their elimination.

The court stated: “Let an affidavit with action plan be filed by the President or an affidavit approved by the President be placed on record. »

The matter was adjourned to December 6 for further hearing.

Counsel for the Petitioners: Senior Advocate PBSahasranaman, Advocates TS Harikumar, Sanand Ramakrishnan, Raajesh S Subrahmanian, M Ajay

Counsel for the Respondents: Standing Advocate T Naveen, Advocates Praveen H, KS Smitha, Amal Dev D, TT Shaniba, G Hariharan

File number: WP(C) NO. 16253 FROM 2023

Case Title: Sudhakaran KV v K Prabhakaran

Click here to read/download the order