• Enforcement and Fines: Strengthen the
enforcement of the plastic ban at key entry points
such as Nilakkal and Pamba by installing scanning
machines and deploying officials to check luggage.
Currently, the service of Sabarimala Sanitization
Society (SSS) workers is limited to the Mandala-
Makaravilakku season. However, waste management
issues often persist after the season concludes,
particularly in the incinerator premises and other
areas due to sorting errors, leftover waste from hotel
staff, and waste deposited by Ayyappa devotees. To
address this, it is necessary to extend the service
period of SSS workers for an additional three days
after the festival season ends. This extension would
allow for proper sorting and collection of remaining
waste, ensuring that the area is cleaned and waste
management processes are completed efficiently.
• Preventing entry of Wild Animals into Waste
Management Areas: Although the 38 aerobic
composting units are under construction near
incinerators 2 and 3, and plans are in place to install
Organic Waste Converters (OWCs), there is a
significant risk of wild animals, especially elephants,
destroying the facilities. To mitigate this, it is
essential to construct a solar fence around the
incinerator and waste dumping yard to keep wild
animals away. The rolling shutters and gates
previously installed at the incinerators were
destroyed by elephants within two months. While the
area, roughly 190 cents, is diverted to the Travancore
Devaswom Board for pilgrim support facilities."
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22. In the affidavit dated 21.02.2025 filed by the 12 th
respondent Assistant Engineer (Environmental), the said
respondent has stated that as per the directions of the 14th
respondent Executive Engineer, Sabarimala Development Project,
arrangements have been made to engage labourers for the
collection of plastic waste from the dumping yard. The collected
waste has been stored inside incinerator Room 1, which will be
processed in accordance with the further instructions from Kerala
State Pollution Control Board. The jaggery bags, which were
temporarily stored inside Shivasakthi Building, have already been
handed over to the kuthaka holder, who has been instructed to
remove the items within his contract, with special emphasis on
clearing the jaggery bags by the day following the closure of the
temple. The kuthaka holders of hotels are instructed not to dispose
of waste directly into the yard or ignite open fire. They have been
warned that any violation will result in the immediate closure of
their establishments. The kuthaka holders and their laborers are
directed not to deposit any plastic waste in the waste dumping
yard.
23. On 22.02.2024, the 6th respondent Deputy Director,
Periyar Tiger Reserve (West Division) has filed an affidavit dated
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20.02.2024, producing therewith Annexures R6(j) to R6(o)
documents. The comments offered by the 6th respondent Deputy
Director in paragraph 4 of the said affidavit dated 20.02.2024, on
various aspects pointed out in the inspection report dated
03.02.2025 of the 8th respondent Environmental Engineer, Kerala
State Pollution Control Board, read thus;
"4. So in respect of the inspection report of the 8m
respondent Kerala State Pollution Control Board, the
following comments are submitted by this respondent.
(a) The jaggery bags which were lying around the
incinerator unit I and the premises are completely
removed and heaped in a separate shed nearby
incinerator unit I. A true copy of the photograph is
produced herewith and marked as Annexure R6(i).
(b) The small piles of the mixed plastic waste near
incinerator unit l are partially removed. A true copy of
the photograph is produced herewith and marked as
Annexure R6(k).
(c) The trench behind incinerator unit I is full of non-
biodegradable plastic waste and partially burned
plastic waste and the ashes are fully covered with soil
and the trench is covered with soil. A true copy of the
photograph is produced herewith and marked as
Annexure R6(l).
(d) The metal scraps nearby incinerator premises are
not removed. A true copy of the photograph is
produced herewith and marked as Annexure R6(m).
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(e) The plastic and other waste dumped behind hotel
Haribhavan during the concluded season is
completely removed, whereas the remnants of the
burnout waste for the past years are yet to be
removed completely. A true copy of the photograph is
produced herewith and marked as Annexure R6(n).
(f) From the premises of the incinerator sheds 1, 2 &
3 plastic waste is partially removed, but metal scraps
and other bio-degradable wastes are still not
removed. A true copy of the photograph is produced
herewith and marked as Annexure R6(o).
24. In the affidavit dated 20.02.2024 filed by the 6th
respondent Deputy Director, Periyar Tiger Reserve (West
Division), the specific stand taken by the said respondent is that
neither the Forest Department nor any of its officials have ever
issued a direction to burn out the biodegradable or plastic waste
inside the Periyar Tiger Reserve, since such an action would
amount to violation of the provisions of the Wild Life (Protection)
Act 1972.
25. Pursuant to the directions contained in the order of this
Court dated 05.02.2025, the Secretary of the 9th respondent
Travancore Devaswom Board has filed an affidavit dated
21.02.2025. In the said affidavit dated 21.02.2025, it is stated
that immediately on receipt of the order of this Court dated
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05.02.2025, the Secretary of the Board directed the 14th
respondent Executive Engineer, Sabarimala Development Project,
to inform the action taken on these issues to Kerala State Pollution
Control Board, vide Annexure R9(a) order dated 13.02.2025.
Further, the 12th respondent Assistant Engineer (Environmental)
was directed vide Annexure R9(b) order dated 13.02.2025 to
submit a report before this Court pursuant to the directions
contained in the order of this Court dated 05.02.2025. The report
of the 8th respondent Environmental Engineer, Kerala State
Pollution Control Board, was placed before the Devaswom Board
in its meeting held on 19.02.2025. The Board considered the
report in detail and issued the following directions.
(a) Directed the Chief Engineer to provide necessary
instructions to the Executive Engineer, Pathanamthitta to
take necessary steps to scientifically dispose of the waste by
segregating it according to the Solid Waste Management
Rules 2016, considering the threat to wildlife and
environmental pollution due to the unscientific dumping of
solid waste including plastic near the incinerator at
Sannidhanam.
(b) Ratified the action of the Secretary directing the Chief
Engineer to give necessary instruction to the Executive
Engineer, Pathanamthitta to immediately inform the
Environmental Engineer, Kerala State Pollution Control Board
in writing about the action taken on this issue considering
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the urgency of the issue involved in the matter.
(c) Ratified the order issued by the Secretary to the
Environmental Engineer, Sabarimala Development Project to
file an affidavit before this Hon'ble Court regarding the
disposal of solid waste including plastic items at
Sannidhanam during the Mandalam-Makaravilakku season
and monthly Poojas.''
26. On 21.03.2024, along with a memo filed by the learned
Special Government Pleader (Forest), the report of the 6 th
respondent Deputy Director, Periyar Tiger Reserve (West Division),
on the death of a Sambhar Deer at Sabarimala Sannidhanam on
28.12.2015, due to consumption of plastic, was placed on record.
By another memo dated 21.03.2024 filed by the learned Special
Government Pleader (Forest), the details of the fine imposed on
the kuthaka holders of shops on the side of Pamba-Sannidhanam
trekking path, during Mandala-Makaravilakku festival season of
1200ME (2024-25), for throwing waste on the side of the trekking
path and for putting waste in the forest along the trekking path,
are placed on record.
27. The 6th respondent Deputy Director has filed an
additional affidavit dated 20.03.2025, regarding serious harm
caused to wildlife by the plastic waste at Sabarimala Sannidhanam
during the years 2014 and 2015 and also imposition of fine during
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Mandala-Makaravilakku festival season of 1200ME (2024-25) on
commercial establishments on the side of the trekking path for
putting waste in the forest. Paragraphs 3 and 4 of the said affidavit
read thus;
''3. On 02.02.2014, a female elephant aged above 40
years died at Valiyanavattom, Pamba due to consumption
of plastic waste and around 8kg of plastic waste was
recovered from the rumen of the dead elephant during
postmortem. On 28.12.2015, a pregnant female sambhar
deer aged 7 year died at Sabarimala Sanvidhanam due
to consumption of plastic waste and 4.7kg of plastic
waste was recovered from the rumen of the dead
sambhar deer during postmortem. On 21.05.2018 an
elephant aged 10 years died at Pamba Pandarakkayam
due to consumption of plastic waste and 2kg plastic
waste was recovered from the rumen of the elephant
during postmortem.
4. The death of the sambhar deer in 2015 due to plastic
consumption was submitted as a report by the Forest
Department before this Honourable Court. In spite of
several orders of this Honourabe Court banning plastic
and non-biodegradable materials, still heaps of plastic
waste. Plastic jaggery bags, metal scraps and other non-
biodegradable waste left out by the Travancore
Devaswom Board and other commercial establishments
at Sannidhanaın, Sabarimala are piled up during the
season at Sannidhanamand not removed immediately on
the closing day of the pilgrim season resulting in serious
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harm to the flora and fauna of the ecologically sensitive
biodiversity hot spot inside the Periyar Tiger Reserve.
Regarding the waste throne on the sides of the trek route,
during Mandala-Makaravilakku festival season of 1200ME
(2024-25) at Sabarimala. The Forest Department has
imposed a fine of ₹95,000/- from commercial
establishments putting waste in the forest along the
trekking route.'' (underline supplied)
28. As evident from the report dated 31.01.2025 of the 6th
respondent Deputy Director, Periyar Tiger Reserve (West Division),
due to the failure of the Travancore Devaswom Board in removing
the garbage in a time bound manner, elephants coming in herds
started eating the garbage, including plastic and toxic materials
from 21.01.2025 onwards. The herds of elephants include as its
members, calves and sub adults. The dung of the elephants
showed remnants of the plastic waste. In the said report, it is
stated that other wild animals including monkeys (Bonnet
Macaque, Niligiri Langur, Lion Tailed Macaque), Malabar Giant
Squirrel, Sambar Deer, Mouse Deer, Barking Deer, Porcupine, etc.
and birds including endangered species of birds like Nilgiri Fly
Catcher, Great Indian Hornbill, Malabar Grey Hornbill, etc., are
seen by the Forest officials as consuming waste materials from
these areas. The photographs showing herds of elephants
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consuming waste materials from the yard area of the incinerators
at Sabarimala Sannidhanam are marked as Annexures R6(a) to
R6(f) in the said report dated 31.01.2025. A few photographs
showing herds of elephants consuming waste materials from the
yard area of the incinerators at Sabarimala Sannidhanam are
extracted hereunder;
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29. The Photographs of the dung of the wild elephants seen
deposited in the yard area of the incinerators at Sabarimala
Sannidhanam showing remnants of plastic are marked as
Annexures R6(g) to R6(i) in the said report dated 31.01.2025. A
few photographs of the dung of the wild elephants seen deposited
in the said area showing remnants of plastic are extracted
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hereunder;
30. In the report dated 31.01.2025 of the 6th respondent
Deputy Director, it is pointed out that large piles of garbage,
including plastic and other toxic waste, are also seen in the area
behind Hotel Haribhavan located at Sabarimala Sannidhanam,
which is the waste left over by various hotels at Sannidhanam and
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by the pilgrims. This waste is also attracting wild animals,
including wild elephants from 21.01.2025 onwards. In addition to
that on 30.01.2025, the officials of the Travancore Devaswom
Board had openly set to fire certain portions of the garbage,
including plastic and toxic waste, causing huge pollution inside the
core area of Periyar Tiger Reserve.
31. Article 48A of the Constitution of India mandates that
the State shall endeavour to protect and improve the environment
and to safeguard the forests and wildlife of the country. As per
Article 51A(g), it shall be the duty of every citizens of India to
protect and improve the natural environment, including forests,
lakes, rivers and wildlife, and to have compassion for living
creatures.
32. In State of Telangana v. Mohd. Abdul Qasim
[(2024) 6 SCC 461], a Two-Judge Bench of the Apex Court,
noticed that Article 48A of the Constitution of India imposes a clear
mandate upon the State as a directive principle of State policy,
while Article 51A(g) correspondingly casts a duty upon a citizen to
protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for fellow living
creatures. These two provisions qua a forest ought to be
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understood in light of Articles 14, 19 and 21 of the Constitution of
India, as they represent the collective conscience of the
Constitution. If the continued existence and protection of forests
is in the interest of humanity, various species and nature, then
there can be no other interpretation than to read the constitutional
ethos into these provisions. Article 48A and Article 51A(g) have to
be considered in the light of Article 21 of the Constitution, which
provides that no person shall be deprived of his life and liberty
except in accordance with the procedure established by law. Any
disturbance of the basic environmental elements, namely, air,
water and soil, which are necessary for 'life', would be hazardous
to 'life' within the meaning of Article 21 of the Constitution.
33. In Mohd. Abdul Qasim [(2024) 6 SCC 461], the
Apex Court found that the word 'environment' shall not be
understood from a narrow perspective. The 'environment' would
include both animate and inanimate. Forests not only provide for
and facilitate the sustenance of life, but they also continue to
protect and foster it. Forests continue to tackle the ever-increasing
carbon dioxide emissions produced by humans in the name of
development while striving to sustain all species. Despite the
unblemished, selfless and motherly service rendered by forests,
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the man, in his folly, continues with their destruction, unmindful
of the fact that he is inadvertently destroying himself. Consequent
to the advent of agriculture, man has destroyed a significant
portion of forests at his own peril. Forests serve the earth in a
myriad of ways, ranging from regulating carbon emissions, aiding
in soil conservation and regulating the water cycle. Water being a
life source, its availability for all life forms is heavily dependent
upon the aquifers created by forests. Forests also play a pivotal
role in controlling pollution, which significantly affects the
underprivileged, violating their right to equality under Article 14
of the Constitution of India. It is the vulnerable sections of society
that would be most affected by the depletion of forests,
considering the fact that the more affluent sections of society have
better access to resources as compared to them. Therefore, the
protection of forests is in the interest of mankind, even assuming
that the other factors can be ignored.
34. In Mohd. Abdul Qasim [(2024) 6 SCC 461], the
Apex Court found that there is a crying need for a change in our
approach. Man, being an enlightened species, is expected to act
as a trustee of the earth. It is his duty to ensure the preservation
of the ecosystem and to continuously endeavour towards the
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protection of air, water and land. It is not his right to destroy the
habitat of other species but his duty to protect them from further
peril. A right to enjoy cannot be restricted to any specific group,
and so also to human beings. The time has come for mankind to
live sustainably and respect the rights of rivers, lakes, beaches,
estuaries, ridges, trees, mountains, seas and air. It is imperative
to do so as there is always a constant threat to forests due to the
ever-increasing population. Man is bound by nature's law.
Therefore, the need of the hour is to transform from an
anthropocentric approach to an ecocentric approach, which will
encompass a wider perspective in the interest of the environment.
The concept of 'natural rights theory' is being evolved, which
encapsulates recognising and acknowledging the rights of nature.
Such a right is meant for the benefit of nature, inclusive of all
species, both present and future. The concept of trusteeship and
inter-generational equity ought to be understood from this
perspective, as any deviation would cause not only degradation of
the environment but also serious inequality between different
species as well as amongst them. The idea is to recognise the
importance of forests qua society, as their significance has to be
seen in the light of their effect on the earth. Similarly, the concept
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of sustainable development is to be understood from an ecocentric
approach. First and foremost, it is the environment that needs to
be sustained, while the anthropogenic development must follow
later.
35. In Mohd. Abdul Qasim [(2024) 6 SCC 461], the
Apex Court reiterated the approach required to be adopted by the
courts where the onus is on the violator to prove that there is no
environmental degradation. There is a constitutional duty enjoined
upon every court to protect and preserve the environment. The
courts will have to apply the principle of parens patriae in light of
the constitutional mandate enshrined in Articles 48A, 51A, 21, 14
and 19 of the Constitution of India. Therefore, the burden of proof
lies on a developer or industrialist and also on the State, in a given
case, to prove that there is no such degradation. Not being an
adversarial litigation, the court shall utilise all possible resources,
including scientific inventions, in its endeavour to preserve the
environment. While adopting an ecocentric approach, the concept
of inter-related existence has to be kept in mind. A narrow or
pedantic approach should be avoided. While considering the
economic benefits, the invisible value and benefits provided by the
forests shall also be factored into. There has to be an inclusive
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approach, which should be society-centric, meaning thereby that
all species should coexist with minimum collateral damage. The
effort is to minimise the damage to the environment, even in a
case where the need for human development is indispensable.
While having a pragmatic and practical approach, courts will have
to weigh the relevant factors and thus, perform a balancing act.
36. The specific contention taken in the report dated
31.01.2025 of the 6th respondent Deputy Director, is that since
the area is having the legal status of a notified Reserve Forest,
Wildlife Sanctuary and Tiger Reserve, the failure on the part of
the Travancore Devaswom Board in the timely removal of
garbage, including plastic and other toxic waste, deposited in the
yard area of the incinerators and the area behind Hotel
Haribhavan at Sabarimala Sannidhanam, is in violation of the
provisions under the Wild Life (Protection) Act, 1972, as amended
by the Wild Life (Protection) Amendment Act, 2022.
37. The Wild Life (Protection) Act, 1972, as amended by
the Amendment Act of 2022, was enacted to provide for the
conservation, protection and management of wildlife and for
matters connected therewith or ancillary or incidental thereto with
a view to ensuring the ecological and environmental security of
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the country. Clause (16)(a) of Section 2 of the Act, as amended
by the Wild Life (Protection) Amendment Act, 2003 define the
term 'hunting', with its grammatical variations and cognate
expressions, to include killing or poisoning of any wild animal or
captive animal and every attempt to do so. As per Section 9 of
the Act, which deals with prohibition of hunting, no person shall
hunt any wild animal specified in Schedules I and II, except as
provided under Section 11 and Section 12.
38. Section 29 of the Act prohibits destruction, etc., in a
sanctuary without a permit. As per Section 29, no person shall
destroy, exploit or remove any wildlife including forest produce
from a sanctuary or destroy or damage or divert the habitat of
any wild animal by any act whatsoever or divert, stop or enhance
the flow of water into or outside the sanctuary, except under and
in accordance with a permit granted by the Chief Wild Life Warden,
and no such permit shall be granted unless the State Government
being satisfied in consultation with the National Board that such
removal of wildlife from the sanctuary or the change in the flow
of water into or outside the sanctuary is necessary for the
improvement and better management of wildlife therein,
authorises the issue of such permit. As per the proviso to Section
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29, where the forest produce is removed from a sanctuary the
same may be used for meeting the personal bona fide needs of
the people living in and around the sanctuary and shall not be
used for any commercial purpose. As per the explanation to
Section 29, for the purposes of this section, grazing or movement
of livestock permitted under clause (d) of Section 33, or hunting
of wild animals under a permit granted under Section 11 or
hunting without violating the conditions of a permit granted under
Section 12, or the exercise of any rights permitted to continue
under clause (c) of sub-section (2) of Section 24, including the
bona fide use of drinking and household water by local
communities until they are settled, shall not be deemed to be an
act prohibited under this section.
39. Section 30 of the Act prohibits the causing of fire. As
per Section 30, no person shall set fire to a sanctuary, or kindle
any fire, or leave any fire burning, in a sanctuary, in such manner
as to endanger such sanctuary. Section 32 of the Act provides the
ban on the use of injurious substances. As per Section 32, no
person shall use, in a sanctuary, chemicals, explosives or any
other substances which may cause injury to, or endanger, any
wildlife in such sanctuary.
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40. Chapter VI of the Act deals with the prevention and
detection of offences. Section 50 of the Act deals with power of
entry, search, arrest and detention. Section 51 of the Act deals
with penalties and Section 52 deals with attempts and abetment.
As per Section 52, whoever attempts to contravene, or abets the
contravention of, any of the provisions of this Act or of any rule or
order made thereunder shall be deemed to have contravened that
provision or rule or order, as the case may be.
41. As noticed in the inspection report dated 03.02.2025
of the 8th respondent Environmental Engineer, Kerala State
Pollution Control Board, plastic waste littered in the open land
beside the incinerator (unit 1) was burning at the time of the
inspection conducted on 01.02.2025. Ashes from the previously
burnt-out waste could be seen in that area, which is evident from
Annexure R8(d) photograph. Similarly, ashes from the previously
burnt-out waste could be seen in a trench in the area behind hotel
Haribhavan, which is evident from Annexure R8(f) photograph.
Annexures R8(d) and R8(f) photographs produced along with the
inspection report dated 03.02.2025 of the 8th respondent
Environmental Engineer are extracted hereunder;
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42. In the affidavit dated 21.02.2025 filed by the 12th
respondent Assistant Engineer (Environmental), Sabarimala
Development Project, the said respondent has pointed out that
though the kuthaka holders of the hotels are instructed to
segregate food and plastic waste into biodegradable bags before
disposal, many hotels continue to use single-use plastic garbage
bags. Some hotels near Pandithavalam directly dump mixed waste
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into food waste pits, leading to plastic contamination. Despite
Sabarimala being a plastic-free zone, a significant quantity of
single-use plastic continues to be brought by pilgrims within
Irumudikkettu (ഇരുമുടിക്കെട്ട്). Each Irumudikkettu contains
approximately 20 grams of plastic (in the form of rose water
bottles, turmeric, camphor, kumkum and bhasma covers),
generating nearly 1.4 tons of non-recyclable plastic waste per day.
43. By the order dated 05.08.2015 in SSCR No.9 of 2015 -
Travancore Devaswom Board v. Government of Kerala
[2015:KER:32130] - a Division Bench of this Court ordered
prohibition of use of plastic and other biohazardous materials at
Sabarimala Sannidhanam and Pamba and also at the trekking path
from Pamba to Sannidhanam. By the said order all officers
concerned were directed to enforce the said prohibition strictly,
without any fail.
44. By the order dated 15.12.2015 in DBP No.136 of 2015
- George v. Executive Officer, Sabarimala [2016 (2) KLT
546] - to ensure that plastic packing materials do not flow into
Sabarimala or its precincts as part of holy Irumudies or other
materials which the pilgrims would carry in the course of their
pilgrimage to Sabarimala Sannidhanam, a Division Bench of this
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Court directed the Travancore Devaswom Board, Cochin
Devaswom Board, Malabar Devaswom Board, Guruvayur
Devaswom and Koodalmanikyam Devaswom to ensure that the
use of plastic packing materials to hold the objects like camphor,
turmeric and other materials in the holy Irumudies are effectively
controlled and, if possible, curtailed. Whenever and wherever
filling of Irumudikettu, i.e., Irumudinirakkal, which is a holy
activity, is carried out in any of the temples under the different
Devaswom Boards or under its control, including controlled
establishments, the instructions that would be imparted to the
pilgrims in all politeness by those institutions shall include the
requirement to exclude plastic in any form, even as disposable
bags and also as different materials, which they may carry for the
purpose of the pilgrimage. The use of biodegradable materials,
which could be alternatives, could also be considered for being
made available in the temples to the extent it is found feasible and
possible within the financial limits of the controlled institutions. In
the said order the Division Bench has made it clear that the
pilgrims coming from outside the State of Kerala should also be
alerted that it is necessary to exclude plastic from Sabarimala and
its precincts.
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45. By the order dated 13.11.2019 in SSCR No.9 of 2018,
a Division Bench of this Court directed the Secretaries of all
Devaswom Boards in Kerala, including Travancore Devaswom
Board, Cochin Devaswom Board, Malabar Devaswom Board,
Guruvayur Devaswom and Koodalmanikyam Devaswom to issue
appropriate circulars to ensure that in the temples under them,
wherever kettunira is being performed, plastic articles or any
materials wrapped in plastic covers, viz., sachets, wraps, covers,
etc. are not put in Irumudikkettu during kettunira. In the said
order, it was made clear that, in such temples, if the pilgrims bring
materials, to be in Irumudikkettu, in sachets, wraps or covers,
they shall be cut open and the contents therein shall be
transferred to ecofriendly covers or paper covers before putting it
in Irumudikkettu. The Division Bench ordered that the directions
contained in the circulars should be implemented scrupulously and
any violations should be taken seriously, and appropriate action
should be taken promptly.
46. On 20.12.2019, when SSCR No.9 of 2018 came up for
consideration, the respective Standing Counsel for Travancore
Devaswom Board, Cochin Devaswom Board, Malabar Devaswom
Board and Guruvayur Devaswom submitted that in tune with the
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order dated 13.11.2019 circulars have already been issued. By the
order dated 20.12.2019 in SSCR No.9 of 2018 - Suo Motu v.
Travancore Devaswom Board [2019:KER:77106] - the
Division Bench directed Registry to send a copy of the order dated
13.11.2019 as also the final order dated 20.12.2019 to the
Administrator, Koodalmanikyam Devaswom, for the purpose of
taking appropriate steps in tune with the order dated 13.11.2019.
It was also ordered that the gist of the order dated 13.11.2019
shall be exhibited on the Virtual-Q platform for the information of
the pilgrims.
47. Pursuant to the orders of the Division Bench in SSCR
No.9 of 2018, the Chief Wild Life Warden has issued a proceedings
dated 17.11.2018, under Sections 33, 33(b) and (c) and Section
4 of the Wild Life (Protection) Act to enforce plastic ban at
Sabarimala. As per the said proceedings, if any licensee in
Nilakkal, Pamba or Sabarimala Sannidhanam stocks or dispenses
plastic in any form, for the first offence a fine of Rs.2,000/- has to
be levied by the forest officials; whereas in the case of second
offence the fine will be Rs.5,000/-. If the licensee still sticks to his
stand and commits any further offence, the next course is to have
the establishment closed down, for violation.
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48. In the judgment dated 11.01.2019 in SSCR No.29 of
2018 and connected writ petitions - Suo Motu v. Travancore
Devaswom Board [2019:KER:3366] - after referring to the
aforesaid orders in SSCR No.9 of 2018 and the proceedings dated
17.11.2018 of the Chief Wild Life Warden, the Division Bench
sustained the proceedings dated 17.11.2018 of the Chief Wild Life
Warden issued under Sections 33, 33(b) and (c) and Section 4 of
the Wild Life (Protection) Act. The Division Bench ordered that a
similar course shall be pursued in respect of the area beyond river
Pamba as well, including the area within the jurisdiction of the
Range Forest Officer, Goodrikkal Forest Division. The Division
Bench directed the Forest and Devaswom authorities, the District
Magistrate, Pathanamthitta and the Additional District Magistrates
at Nilakkal, Pamba and Sannidhanam to take necessary steps to
close down the shops at Nilakkal, Pamba and Sannidhanam, who
violate the orders in SSCR No.9 of 2018, after issuing necessary
proceedings/notice in that regard.
49. By the order dated 08.01.2024 in SSCR No.2 of 2024 -
Suo Motu v. State of Kerala and others [2024:KER:1097] -
a Division Bench of this Court, in which one among us [Anil K.
Narendran, J.] was a party, disposed of a report filed by the Special
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Commissioner, Sabarimala, regarding the presence of
unauthorized hawkers/sellers of articles including plastic toys,
plastic articles and drinking water in PET bottles at Nilakkal. In the
said report, the Special Commissioner pointed out the order of this
Court dated 09.12.2015 in DBP No.136 of 2012 and the order
dated 13.11.2019 in SSCR No.9 of 2018. By the order dated
08.01.2024, the Division Bench disposed of SSCR No.2 of 2024,
by directing the District Collector, Pathanamthitta, the District
Police Chief, Pathanamthitta, the Deputy Director, Periyar Tiger
Reserve (West Division), the Executive Officer, Sabarimala and the
Secretary of Ranni-Perunad Grama Panchayat to prevent the sale
of plastic bottles, packed drinking water in plastic/PET bottles and
also the sale of plastic utensils and toys in Sannidhanam, Pamba
and Nilakkal and also in the trekking path, by any kuthaka holder
or unauthorised hawkers, through the Duty Magistrates,
Inspectors of the Legal Metrology Department, the enforcement
squad of Ranni-Perunad Grama Panchayat and also the Vigilance
Wing of the Travancore Devaswom Board. In the said order, it was
made clear that the Board shall take stern action against the
kuthaka holders, who are selling packed drinking water in
plastic/PET bottles and other plastic articles at Sannidhanam,
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Pamba and Nilakkal, in violation of clause No.43 of the general
conditions which forms part of the tender notifications issued for
auctioning the kuthaka rights. The Board was directed to close
down the shops of the Kuthaka holders, who have violated clause
No.43 of the general conditions. The Police, the District
Administration and the Grama Panchayat were directed to take
immediate steps to remove all unauthorised hawkers from
Nilakkal, Pamba and Sannidhanam.
50. The learned Amicus Curiae for Special Commissioner
would submit that despite various orders issued by this Court
prohibiting the use of plastic and other biohazardous materials at
Sabarimala, Pamba and Nilakkal, a significant quantity of plastic
materials reaches Sabarimala and its precincts during every
Mandala-Makaravilakku festival seasons and Maasapoojas.
51. As already noticed hereinbefore, it is stated in the
affidavit dated 21.02.2025 filed by the 12th respondent Assistant
Engineer (Environmental), Sabarimala Development Project, that
many of the kuthaka holders of hotels are not segregating food
and plastic waste into biodegradable bags before disposal. Many
hotels continue to use single-use plastic garbage bags. Some of
the hotels near Pandithavalam directly dump mixed waste into
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food waste pits, leading to plastic contamination. Moreover, a
significant quantity of single-use plastic continues to flow into
Sabarimala Sannidhanam by pilgrims in Irumudikettu. Each
Irumudikettu contains approximately 20 grams of plastic (in the
form of rose water bottles, turmeric, camphor, kumkum and
bhasma covers), generating nearly 1.4 tons of non-recyclable
plastic waste per day.
52. The stand taken by the 9th respondent Travancore
Devaswom Board in the affidavit dated 21.02.2025 sworn to by
the Secretary of the Board is that after considering the report
dated 03.02.2025 of the 8th respondent Environmental Engineer,
the Board in its meeting held on 19.02.2025 directed the Chief
Engineer to provide necessary instructions to the 14th respondent
Executive Engineer, Sabarimala Development Project, to take
necessary steps to scientifically dispose of the waste by
segregating it according to the Solid Waste Management Rules
2016, considering the threat to wildlife and environmental
pollution due to unscientific dumping of solid waste including
plastic near the incinerator at Sabarimala Sannidhanam.
Therefore, the unscientific dumping of solid waste including plastic
materials generated during Mandala-Makaravilakku festival
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season of 1200ME (2024-25), near the incinerator at Sabarimala
Sannidhanam, is admitted in the said affidavit dated 21.02.2025
filed on behalf of the Travancore Devaswom Board.
53. As evident from Annexures R6(a) to R6(f) photographs
[a few photographs extracted hereinbefore at paragraph 28]
produced along with the report dated 31.01.2025 of the 6th
respondent Deputy Director, Periyar Tiger Reserve (West Division),
due to the failure of the Travancore Devaswom Board in removing
the garbage in a time bound manner, elephants coming in herds
started eating the garbage, including plastic and toxic materials
from 21.01.2025 onwards. Herds of elephants include as its
members, calves and sub-adults. As evident from Annexures
R6(g) to R6(i) photographs [extracted hereinbefore at paragraph
29] the dung of elephants showed remnants of plastic waste.
54. As stated in the report dated 31.01.2025 of the 6th
respondent Deputy Director, the consumption of plastic and plastic
jaggery bags by wild elephants is catastrophic from the point of
view of wildlife management. The remaining plastic waste would
be still in their stomach, which could result in serious health issues
for wild elephants. As per clause (16)(a) of Section 2 of the Wild
Life (Protection) Act, 'hunting', with its grammatical variations and
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cognate expressions, includes killing or poisoning of any wild
animal or captive animal and every attempt to do so. In view of
the provisions under Section 9 of the said Act, no person shall hunt
any wild animal specified in Schedules I and II, except as provided
under Section 11 and Section 12.
55. As pointed out in the additional affidavit dated
20.03.2025 filed by the 6th respondent Deputy Director, Periyar
Tiger Reserve (West Division), a female elephant aged above 40
years died at Valiyanavattom, Pamba, on 02.02.2014, due to
consumption of plastic waste and around 8kg of plastic waste was
recovered from its rumen during postmortem; a pregnant female
sambhar deer aged 7 year died at Sabarimala Sannidhanam, on
28.12.2015, due to consumption of plastic waste and 4.7kg of
plastic waste was recovered from its rumen during postmortem;
and an elephant aged 10 years died at Pandarakkayam, Pamba,
on 21.05.2018, due to consumption of plastic waste and 2kg of
plastic waste was recovered from its rumen during postmortem.
56. Despite several orders passed by this Court banning
plastic and non-biodegradable materials at Sabarimala, heaps of
plastic waste, plastic jaggery bags and other non-biodegradable
waste were dumped by the Travancore Devaswom Board and the
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kuthaka holders of commercial establishments at Sabarimala
Sannidhanam, resulting in serious harm to the flora and fauna of
the ecologically sensitive biodiversity hotspot inside Periyar Tiger
Reserve.
57. As already noticed hereinbefore, Section 29 of the Wild
Life (Protection) Act prohibits destruction, etc., in a sanctuary
without a permit. In view of the prohibition contained in Section
30 of the Act, no person shall set fire to a sanctuary, or kindle any
fire, or leave any fire burning, in a sanctuary, in such manner as
to endanger such sanctuary. In view of the provisions contained
in Section 32 of the Act, no person shall use, in a sanctuary,
chemicals, explosives or any other substances which may cause
injury to, or endanger, any wildlife in such sanctuary. Section 51
of the Act deals with penalties.
58. As evident from Annexures R8(d) and R8(f)
photographs produced along with the inspection report dated
03.02.2025 of the 8th respondent Environmental Engineer, Kerala
State Pollution Control Board [extracted hereinbefore at paragraph
41], plastic waste littered in the open land beside the incinerator
(unit 1) at Sabarimala Sannidhanam was burning at the time of
inspection conducted on 01.02.2025. Ashes from the previously
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burnt-out waste could be seen in that area, as evident from
Annexure R8(d) photograph. Similarly, ashes from the previously
burnt-out waste could be seen in a trench in the area behind Hotel
Haribhavan, as evident from Annexure R8(f) photograph.
59. Since Sabarimala Sannidhanam is having the legal
status of a notified Reserve Forest, Wildlife Sanctuary and Tiger
Reserve, the unscientific dumping of solid waste including plastic
waste, plastic jaggery bags and other non-biodegradable waste
generated during Mandala-Makaravilakku festival season of
1200ME (2024-25) near the incinerator and the area behind Hotel
Haribhavan at Sabarimala Sannidhanam, as evident from
Annexures R6(a) to R6(f) photographs, and burning the said
waste in open land, as evident from Annexures R8(d) and R8(f)
photographs, are in violation of the provisions under the Wild Life
(Protection) Act. We notice the specific stand taken in the affidavit
dated 20.02.2024 filed by the 6th respondent Deputy Director,
Periyar Tiger Reserve (West Division) that neither the Forest
Department nor any of its officials have ever issued a direction to
burn out the biodegradable or plastic waste inside the Periyar Tiger
Reserve, since such an action would amount to violation of the
provisions of the Wild Life (Protection) Act.
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60. In such circumstances, this SSCR is disposed of with
the following directions;
(i) The 6th respondent Deputy Director, Periyar Tiger Reserve
(West Division), is directed to proceed in accordance with
law, under the provisions of the Wild Life (Protection) Act,
against the persons responsible for unscientific dumping of
solid waste including plastic waste, plastic jaggery bags and
other non-biodegradable waste generated during Mandala-
Makaravilakku festival season of 1200ME (2024-25) near
the incinerator and the area behind Hotel Haribhavan at
Sabarimala Sannidhanam, and for burning the said waste in
open land, which had resulted in elephants coming in herds
(including calves and sub-adults) started eating the
garbage, including plastic and toxic materials, from
21.01.2025 onwards, which is catastrophic from the point
of view of wildlife management, and the dung of elephants
showed remnants of plastic waste.
(ii) the kuthaka holders of hotels and light refreshment stalls
at Sabarimala Sannidhanam, Pamba, Nilakkal and at the
trekking path from Pamba to Sannidhanam who fail to
segregate food and plastic waste into biodegradable bags
for disposal, or who directly dump mixed waste into food
waste pits, leading to plastic contamination, shall also be
proceed against, in accordance with law.
(iii) The ban on the use of plastic and other biohazardous
materials at Sabarimala Sannidhanam, Pamba, Nilakkal and
also at the trekking path from Pamba to Sannidhanam, in
terms of various orders of this Court, shall be implemented
scrupulously by all concerned and any violation by kuthaka
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holders or hawkers shall be taken seriously and appropriate
action shall be initiated against them.
(iv) In view of the proceedings dated 17.11.2018 issued by
the Chief Wild Life Warden under Sections 33, 33(b) and (c)
and Section 4 of the Wild Life (Protection) Act, which was
one issued in terms of the directions contained in the orders
of this Court in SSCR No.9 of 2018, if a kuthaka holder at
Sabarimala Sannidhanam, Pamba, Nilakkal and also at the
trekking path from Pamba to Sannidhanam stocks or
dispenses plastic in any form, for the first offence a fine of
Rs.2,000/- has to be levied by the Forest officials; whereas
in the case of second offence the fine will be Rs.5,000/-. If
the kuthaka holder still sticks to his stand and commits any
further offence, the next course is to have the establishment
closed down, for such violation. The Travancore Devaswom
Board, through the Executive Officer, Sabarimala, shall close
down the establishment of the kuthaka holder who commits
offence for the third time. Such offences committed by the
kuthaka holders and the proceedings initiated against them
shall be reported to the Special Commissioner, Sabarimala,
so as to enable the Special Commissioner to bring it to the
notice of this Court through periodical reports.
(v) in terms of the directions issued by a Division Bench of
this Court in the order dated 15.12.2015 in DBP No.136 of
2015 - George v. Executive Officer, Sabarimala [2016
(2) KLT 546] - the Travancore Devaswom Board may
inform the pilgrims, including those coming from outside the
State of Kerala, in all politeness, the requirement to exclude
plastic materials, including plastic packing materials viz.
sachets, wraps, etc. to hold the objects in the holy
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Irumudies. An advisory to that effect shall be published on
the Virtual-Q platform, for the information of the pilgrims.
(vi) The Travancore Devaswom Board shall consider the
suggestions made by the 12th respondent Assistant Engineer
(Environmental) in paragraph 10 of the affidavit dated
21.02.2025, for improved solid waste management at
Sabarimala, in consultation with the Kerala State Pollution
Control Board and the Deputy Director, Periyar Tiger
Reserve (West Division), and take an appropriate decision
without any delay.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
Dxy
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RESPONDENT ANNEXURES
ANNEXURE R 6(A) TRUE PHOTOGRAPHS OF THE PICTURES OF
ELEPHANTS IN HERDS CONSUMING THE WASTE
MATERIALS FROM THE YARD AREA.
ANNEXURE R6(B) TRUE PHOTOGRAPHS OF THE PICTURES OF
ELEPHANTS IN HERDS CONSUMING THE WASTE
MATERIALS FROM THE YARD AREA
ANNEXURE R 6(C) TRUE PHOTOGRAPHS OF THE PICTURES OF
ELEPHANTS IN HERDS CONSUMING THE WASTE
MATERIALS FROM THE YARD AREA
ANNEXURE R 6(D) TRUE PHOTOGRAPHS OF THE PICTURES OF
ELEPHANTS IN HERDS CONSUMING THE WASTE
MATERIALS FROM THE YARD AREA
ANNEXURE R 6(E) TRUE PHOTOGRAPHS OF THE PICTURES OF
ELEPHANTS IN HERDS CONSUMING THE WASTE
MATERIALS FROM THE YARD AREA
ANNEXURE R 6(F) TRUE PHOTOGRAPHS OF THE PICTURES OF
ELEPHANTS IN HERDS CONSUMING THE WASTE
MATERIALS FROM THE YARD AREA
ANNEXURE R6 (G) THE PHOTOGRAPHS OF THE DUNG OF THE WILD
ELEPHANTS SEEN DEPOSITED IN THESE AREAS
SHOWING REMNANTS OF PLASTIC IN THE DUNG.
ANNEXURE R 6(H) THE PHOTOGRAPHS OF THE DUNG OF THE WILD
ELEPHANTS SEEN DEPOSITED IN THESE AREAS
SHOWING REMNANTS OF PLASTIC IN THE DUNG.
ANNEXURE R6(I) THE PHOTOGRAPHS OF THE DUNG OF THE WILD
ELEPHANTS SEEN DEPOSITED IN THESE AREAS
SHOWING REMNANTS OF PLASTIC IN THE DUNG.
ANNEXURE R8(G) PHOTOGRAPHS OF THE INCINERATOR SHED OF
UNITS 2 AND 3.
ANNEXURE R8(A) TRUE COPY OF THE LIST OF OFFICIALS, WHO
ATTENDED THE INSPECTION.
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ANNEXURE R8(B) PHOTOGRAPHS OF THE INCINERATOR SHED
(UNIT 1) AND THE NEARBY JAGGERY BAG
SHED-1.
ANNEXURE R8(C) PHOTOGRAPHS TAKEN NEAR TO THE
INCINERATOR SHED (UNIT 1).
ANNEXURE R8(D) PHOTOGRAPHS OF THE OPEN LAND BESIDE THE
INCINERATOR UNIT, WHERE LITTERED PLASTIC
WASTE WAS SEEN BURNING.
ANNEXURE R8(E) PHOTOGRAPHS OF THE HEAPS OF METAL SCRAP
LIKE ROOFING SHEETS IN THE INCINERATOR
PREMISES.
ANNEXURE R8(F) PHOTOGRAPHS OF THE AREA BEHIND/BACK SIDE
OF THE HOTEL SRI HARIBHAVAN.
ANNEXURE R8(H) TRUE COPY OF THE COMMUNICATION NO.
PCB/PTA/L/237/2025 DATED 1-2-2025 ISSUED
BY THE POLLUTION CONTROL BOARD.
ANNEXURE R6(J) JAGGERY BAGS HEAPED NEAR BY INCINERATOR
UNIT 1 COPMEATLY REMOVED PHTOGRAPH.
ANNEXURE R6(K) PARTIALLY REMOVED PLASTI WASTE PILES
PHOTOGRAHS.
ANNEXURE R(L) TRENCH BEHIND THE INCINARATOR UNIT 1
WITH PARTIALLY BURNED PLASTIC WATE AND
ASHESARE FULLY COVERD WITH SOIL OF
PHOTOGRAPHS.
ANNEXURE R6(M) METAL SCRAPS NEAR BY INCINERATOR
PREMISIS OF PHOTOGRAPHS
ANNEXURE R6(N) PLASTIC AND OTHER WASTES DUMPED BEHIND
HOTEL OF PHOTOGRAPHS
ANNEXURE R6(O) METAL SCRAPS AND BIODEGRADABLE WASTES
ARE STILL NOT REMOVED OF PHOTOGRAPHS.
ANNEXURE R9(A) TRUE COPY OF THE ORDER VIDE
R.O.C.16147/24/M DATED 13-02-2025 ISSUED
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BY THE SECRETARY, TRAVANCORE DEVASWOM
BOARD TO THE EXECUTIVE ENGINEER, S.D.P.,
PATHANAMTHITTA
ANNEXURE R9(B) TRUE COPY OF THE ORDER VIDE
R.O.C.16147/24/M DATED 13-02-2025 ISSUED
BY THE SECRETARY, TRAVANCORE DEVASWOM
BOARD TO THE ASSISTANT ENGINEER,
ENVIRONMENTAL, S.D.P.
