Tgn Kumar vs The Additional Chief Secretary (Taxes)
2025 Latest Caselaw 8001 Ker

Kerala High Court

Tgn Kumar vs The Additional Chief Secretary (Taxes) on 16 April, 2025

Author: Amit Rawal

Bench: Amit Rawal

WP(PIL) NO. 26 OF 2025                 1

                                               2025:KER:33034
            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

             THE HONOURABLE MR. JUSTICE P.M.MANOJ

WEDNESDAY, THE 16TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947

                     WP(PIL) NO. 26 OF 2025

PETITIONER/S:
          TGN KUMAR
          AGED 54 YEARS
          S/O., T. V. GOPINATHAN, 33/3004, THEKKEMURI -
          HOUSE, VENNALA - POST, KOCHI, PIN - 682028


            BY ADV K.P.PRASANTH


RESPONDENT/S:
    1     THE ADDITIONAL CHIEF SECRETARY (TAXES)
          ROOM NO. 138, NORTH BLOCK, 2ND FLOOR, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2       THE EXCISE COMMISSIONER
            VIKAS BHAVAN.P.O, NANDAVANAM, THIRUVANANTHAPURAM,
            PIN - 695003

    3       THE KERALA STATE POLLUTION CONTROL BOARD (KSPCB)
            PATTOM P.O., THIRUVANANTHAPURAM, PIN - 695004

    4       THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE
            CHANGE
            REPRESENTED BY ITS SECRETARY INDIRA PARYAVARAN
            BHAWAN, JORBAGH ROAD, NEW DELHI, PIN - 110003



     THIS     WRIT   PETITION     (PUBLIC   INTEREST   LITIGATION)
HAVING COME UP FOR ADMISSION ON 16.04.2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(PIL) NO. 26 OF 2025            2

                                                2025:KER:33034
                          JUDGMENT

Amit Rawal, J.

The petitioner has approached this Court seeking the

following relief:

Issue a writ of mandamus or direction or commanding the respondent No.1 and 2 to implement the Exhibit P1, Government Order, forthwith by considering the Exhibit P2 representation dated 29.3.2025 filed by the petitioner.

2. The only concern is that the liquor is being sold in a

plastic bottle which is causing severe and lasting consequences

on the environment and more over it is a non-biodegradable

material. In this regard has submitted a representation Ext.P2

dated 29.3.2025 to the respondent No.1 and 2.

Without expressing any opinion on the merits of the

matter, we dispose of the writ petition with a directions to the

respondent Nos.1 and 2 to take a call on the representation

submitted by the petitioner in accordance with law, after

affording an opportunity of hearing to the affected parties as

expeditiously as possible, within a period of two months from

the date of receipt of a certified copy of this judgment. It is

made clear despite existence of the order Ex P1 there is no

compliance and an attempt is made seeking intervention of the

2025:KER:33034 court, in such attenuating circumstances usage of plastic bottle

not confirming to the standards as specified in Ex P1 shall not

be used by the manufacturers /distillers till the disposal of the

representation.

sd/-

AMIT RAWAL ,JUDGE

sd/-

sab                                   P.M.MANOJ, JUDGE


                                             2025:KER:33034
               APPENDIX OF WP(PIL) 26/2025

PETITIONER EXHIBITS

Exhibit-P1         TRUE COPY OF THE GOVERNMENT ORDER (K)

NO. 6/2019, ENVIRONMENT (B) DEPARTMENT, DATED 27.01.2019 AND ITS ENGLISH TRANSLATION

Exhibit-P2 TRUE COPY OF THE REPRESENTATION DATED 29/03/2025 AND ITS ENGLISH TRANSLATION