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Kerala High Court
Kerala State Vyapari Vyavasayi Ekopana ... vs State Of Kerala on 7 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
WA NO. 607 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.14002 OF 2024
OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS
1 KERALA STATE VYAPARI VYAVASAYI EKOPANA SAMITHI,
REPRESENTED BY ITS PRESIDENT RAJU APSARA,
ADMINISTRATIVE OFFICE, VYAPARA BHAVAN,
CHARAMMOODU, ALAPUZHA DISTRICT, PIN - 690505
2 VYAPARI VYAVASAYI EKOPANA SAMITHI
ETTUMANOOR UNIT,
REPRESENTED BY ITS PRESIDENT N.P. THOMAS, VYAPARA
BHAVAN, TEMPLE ROAD, ETTUMANUR, PIN - 686631
3 P.J. CHACKOCHAN,
AGED 59 YEARS
PAZHAYAMPALLIL HOUSE, VALLIKADU, ETTUMANOOR P.O.,
KOTTAYAM, PIN - 686631
4 EBY DEVASIA MUNDACKAL,
AGED 44 YEARS
C/O NIMEA EBY, MUNDACKAL HOUSE, ETTUMANOOR P.O.,
KOTTAYAM, PIN - 686631
5 P. C. MURUGAN,
AGED 47 YEARS
THUNDATHIL PUTHEN VEEDU, ETTUMANOOR P.O.,
KOTTAYAM, PIN - 686631
6 SUNNY P.A,
AGED 65 YEARS
PAIMBILLIL, MURIKKA, VATHIKUDY, MURICKASSERY,
IDUKKI, PIN - 685604
BY ADVS.
P.SANJAY
A.PARVATHI MENON
BASILA BEEGAM
BIJU MEENATTOOR
DEVIKA S. PRASAD
INDIRA.K.P.
KIRAN NARAYANAN
MEERA R. MENON
W.A.No.607 of 2024 2
MUHAMMED BILAL.V.A
PAUL VARGHESE (PALLATH)
RAHUL RAJ P.
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 682031
2 THE ETTUMANOOR MUNICIPALITY,
REPRESENTED BY IT'S SECRETARY, 1ST FLOOR,
SHOPPING COMPLEX, PRIVATE BUS STAND RD,
ETTUMANOOR, KERALA, PIN - 686631
3 VATHIKUDY GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, MURICKASSERI
P.O, IDUKKI DISTRICT, PIN - 685604
BY ADV JOMY K. JOSE
OTHER PRESENT:
SRI. C E UNNIKRISHNAN (SPL GP)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.No.607 of 2024 3
JUDGMENT
============ Dated this the 7th day of May, 2024 Gopinath P., J.
This writ appeal has been filed challenging the order dated 09.04.2024 in W.P(C)No.14002 of 2024 to the extent it does not interfere with certain clauses set out in Annexure-3 to Ext.P5 [S.O(Rt)No.1971/2023/LSGD dated 07.10.2023]. Annexure-3 to Ext.P5 is the model form of the affidavit to be executed by business owners regarding waste management facilities at their premises.
2. The primary contention of the learned counsel appearing for the appellants is that clauses (1) and (3) of Annexure-3 of Ext.P5 are impractical and cannot be implemented by the individual business owners. Clause No.1 requires the individual business owner to undertake that the business owner will ensure that different containers are placed to collect organic waste, inorganic waste and hazardous waste. Clause No.(3) of Annexure-3 of W.A.No.607 of 2024 4 Ext.P5 requires the business owners to undertake that they will permit travelling general public also to deposit waste in the bins to be provided by the business owners as above.
3. Sri.C.E.Unnikrishnan, the learned Special Government Pleader appearing for respondent Nos.1 and 2 and the learned Counsel appearing for the 3rd respondent would submit that it is clear from the reading of clause No.(3) in Annexure-3 to Ext.P5 that it refers to the usage of the waste bins by customers coming to the business esablishments and not to members of the general public as apprehended by the petitioner.
4. Regarding clause No.(1), it is the submission of the learned Special Government Pleader that both the Plastic Waste Management Rules and the Solid Waste Management Rules require the maintenance of three separate waste bins for collecting organic waste, inorganic waste and hazardous waste. It is also pointed out that the party appellants are engaged in businesses to which the Plastic Waste Management Rules and the Solid Waste Management Rules will apply. The learned Special Government Pleader also points out that the 2023 W.A.No.607 of 2024 5 amendments to the Kerala Municipality Act and the Kerala Panchayat Raj Act imposes responsibilities on business establishments to ensure that the premises are kept in a clean and hygienic condition and they also to have make necessary arrangements to collect organic waste, inorganic waste and hazardous waste separately.
5. Having heard the learned counsel appearing for the appellants, the learned Special Government Pleader appearing for the State and the learned Counsel appearing for the 3rd respondent, we are of the view that the requirements of clause No.(1) of Annexure 3 of Ext.P5 requiring business owners to establish separate bins for handling organic waste, inorganic waste and hazardous waste prima facie appears to be in consensus with the statutory rules.
6. Coming to Clause No.(3) of Annexure-3 to Ext.P5, in the light of the submissions made by the learned Special Government Pleader and the learned counsel appearing for the 3rd respondent, we deem it appropriate to clarify the said condition does not require the individual business owners to ensure that the waste bins to be established by W.A.No.607 of 2024 6 them separately for organic waste, inorganic waste and hazardous waste should be permitted to be used by the members of the general public also. It is clarified that clause No.(3) in Annexure 3 to Ext.P5 will only be treated as requiring the business owners to provide the facility to bonafide customers of the individual business establishments.
With these observations, the writ appeal stands disposed of. All contentions raised in the writ petition are left open.
Sd/-
GOPINATH P. JUDGE Sd/-
SYAM KUMAR V.M. JUDGE smm