Maria Nedumpara vs The State Of Kerala
2025 Latest Caselaw 8442 Ker

Kerala High Court

Maria Nedumpara vs The State Of Kerala on 8 September, 2025

                                             2025:KER:66918
WP(C) NO. 12817 OF 2018

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         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

     THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                             &

          THE HONOURABLE MR.JUSTICE BASANT BALAJI

 MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947

                  WP(C) NO. 12817 OF 2018

PETITIONER/S:

    1    MARIA NEDUMPARA
         LAW STUDENT RESIDING AT VILLA NO. 11,DD TUDOR
         VILLAS, PADAM ROAD,VADUTHALA, COCHIN - 682 023.
    2    SABU, AGED 40 YEARS, S/O. PADMA,PALLIPARAMBU,
         KALAMSSERY,NEAR CHULLIKKAVU TEMPLE,RAJAGIRI P.O.,
         ERNAKULAM -682 039.
         BY ADVS.
         SRI.A.C.PHILIP
         SRI.JACOB SAMUEL
         SRI.P.BIJIMON
RESPONDENT/S:

    1    THE STATE OF KERALA
         REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT OF
         KERALA, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

    2    THE SECRETARY IN THE DEPARTMENT OF
         ENVIRONMENT AND FOREST, GOVERNMNET OF KERALA,
         THIRUVANANTHAPURAM - 695 024.
    3    KERALA STATE POLLUTION CONTROL BOARD
         REPRESENTED BY ITS SECRETARY,PATTOM,
         THIRUVANANTHAPURAM - 695 004.

    4    UNION OF INDIA
         REPRESENTED BY ITS SECRETARY IN THE MINISTRTY OF
                                                     2025:KER:66918
WP(C) NO. 12817 OF 2018

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            ENVIRONMENT AND FORESTS,INDIRA PARYVARAN BHAVAN,
            JORBAGH ROAD,NEW DELHI - 110 003.

    5       CENTRAL POLLUTION CONTROL BOARD
            PARIVESH BHAVAN, EAST ARJUN NAGAR,DELHI - 110
            032.
    6       ALL INDIA PLASTIC MANUFACTURERS
            ASSOCIATION, AIMPA HOUSE, A -52,STREET NO. 1,
            MIDC MAROL,ANDHERI (EAST) - 400 053. (DELETED)

    7       ALL INDIA THERMOCOL MANUFACTURERS
            ASSOCIATION, FORT, MUMBAI - 400 023. (DELETED)
            (R6 AND R7 ARE DELETED FROM PARTY ARRAY AS PER
            ORDER DATED 28/01/2019 IN IA.NO.03/2019)

    8       THE MUNICIPAL CORPORATION OF COCHIN
            THROUGH ITS COMMISSIONER,PARK AVE, MARINE DRIVE,
            COCHIN,ERNAKULAM - 682 011.

    9       THE DISTRICT COLLECTOR OF ERNAKULAM
            DISTRICT COLLECTORATE, FIRST FLOOR,CIVIL STATION,
            KAKKANAD, ERNAKULAM -682 030.

   10       ADDL.R10 THE KERALA PLASTICS MANUFACTURER'S
            ASSOCIATION
            2ND FLOOR, VEEKAY TOWER, BEERANKUNJU ROAD,
            ERNAKULAM NORTH, KOCHI-682018. (ADDL.R10 IS
            IMPLEADED AS PER ORDER DATED 28/01/2019 IN
            IA.NO.02/2019)
            BY ADVS. O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
            INDIA
            SHRI.JAWAHAR JOSE
            SRI.JOSEPH K.L., SC, KOCHI MUNICIPAL CORPORATION
            SHRI.M.AJAY
            SHRI.P.VIJAYAKUMAR
            SHRI.K.B.ARUNKUMAR
            V.TEKCHAND -SR.GP
     THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION    ON   08.09.2025,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                        2025:KER:66918
WP(C) NO. 12817 OF 2018

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                           JUDGMENT

Dated this the 8th day of September 2025

NITIN JAMDAR, C.J.

Heard Mr. M. Ajay, learned Standing Counsel appearing for the Central Pollution Control Board, Ms. Pooja representing Mr. K.B. Arunkumar, learned counsel appearing for Respondent No.8 and Mr. V. Tekchand, learned Senior Government Pleader.

2. None appears for the Petitioners again.

3. On 16 June 2025, the following order was passed.

"Heard Mr.V.Tekchand, learned Senior Government Pleader appearing for the State, Mr.M.Ajay, learned Central Government Counsel appearing for Respondent No.5 and Mr.K.B.Arunkumar, learned counsel for Respondent No.8.

2. This Public Interest Litigation (PIL) was filed in the year 2018 raising the issue of plastic pollution, especially from bottles which contain toxic chemical Bisphenol A.

3. The learned Central Government Counsel for the Central Pollution Control Board states that after 2018 many amendments have been carried out which would change the nature of the controversy, as several plastic items have now been banned.

2025:KER:66918 WP(C) NO. 12817 OF 2018

4. The Petitioners will examine the position.

5. Post on 21 July 2025."

4. Thereafter, on 28 July 2025, further order was passed as under:

"None appears for the Petitioners. Mr.M.Ajay, learned Central Government Counsel for the Central Pollution Control Board states that a short note regarding the developments after 2018 will be placed on record.

2. Post on 8 September 2025."

5. The learned counsel for the Central Pollution Control Board

- Respondent No.5 - has filed a statement as under:

1. The petitioners, in public interest had approached this Hon. Courtto direct the Union and State Governments, the Central and State Pollution Control Boards amongst others to take effective steps to control the production and distribution of plastic and thermocol items, to promote ecofriendly and economically viable alternatives to these products, to ban burning plastics and thermocol waste and other allied reliefs.

2. While the writ petition was filed, the plastic Waste Management Rules, 2016 [hereinafter 'the PWM Rules'] was in its nascent stage and some of the issues brought to the attention of this Hon. Court by the petitioner had not been addressed. However since then, the State Government as well as the Central 2025:KER:66918 WP(C) NO. 12817 OF 2018

Government introduced many legislative/executive changes to the existing legal framework resulting in the writ petition being outdated and more or less infructuous.

3. The various changes that have been brought in by amendment of the PWM Rules, 2016 are shown in the table below:-

    Sl.No          Rules                     Summary
     1      Plastic Waste     EPR policy mandate, Registration

Management Rules, of producer, recyclers and 2016 (March 2016) manufacturer

Every local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers.

Rule 15-Explicit pricing of carry bags.

     2      1st Amendment       Rule 15 of PWM Rules, 2016
            (CPCB EPR           omited.
            Registration), 2018
            (March 2018)        Definition of Energy recovery of
                                plastic waste added.
     3      2nd Amendment       Prohibition of specified SUP from

(Ban on SUP's) 01.07.2022. Thickness specified. August 2021 2025:KER:66918 WP(C) NO. 12817 OF 2018

4 3rd Amendment Carry bags made of recycled (Use of Recycled plastic or products made of Plastics), September recycled plastic can be used for 2021 storing, carrying, dispensing, or packaging ready to eat or drink food stuff subject to the Notification of appropriate standards and regulation under the Food Safety and Standards Act,2006 (34 of 2006) by the Food Safety and Standards Authority of India.

5 4th Amendment Guidelines on Extended Producer (EPR Guidelines) Responsibility (EPR) for Plastic February 2022 Packaging introduced. 6 5th Amendment Definition of Bio-degradable (PWM Rules on plastics, pre-consumer & post- EPR) July 2022 consumer plastic packaging waste added 7 Plastic Waste Renewal of Registration of PIBO's Management omitted, The registration granted (Amendment under this rule shall be changed Rules), 2023, April only on the request of Producers, 2023 Importers & Brand owners, under the existing Extended Producer Responsibility registration. 8 Plastic Waste Sub Rule 9 & 11 of Rules 13 Management regarding renewal of registration Second Amendment omitted.

2023 Notification, October 2023 9 Plastic Waste Local body shall undertake 2025:KER:66918 WP(C) NO. 12817 OF 2018

Management assessment of plastic waste (Amendment) generated, including plastic waste Rules, 2024, March existing in dump sites. New 2024 category V Biodegradable plastic introduced. Seller and new category Manufacturer introduced 10 Plastic Waste Marking and labelling redefined.

Management A PIBO ma, with effect from the (Amendment) 1st July 2025, provide the Rules, 2025 information specified under sub-

rule (1) in a barcode or Quick Response code printed on the plastic pacakging.

4. In the meanwhile, the State of Kerala introduced executive measures to ban Single Use Plastics [SUPs] beginning with G.O.(Ms) No. 6/2019/Envt. Dated 27.11.2019 to take effect from 1.1.2020 which included plastic carry bag irrespective of thickness. Various other measures were introduced by the State Government as detailed in Exhibits R3(a) to R3(d) produced along with the affidavit of the third respondent, the Kerala State Pollution Control Board. They are not reproduced herewith only for the sake of brevity. By the judgment of the Hon. Supreme Court in Tamil Nadu and Pondicherry Paper Cup Manufacturers Association vs. State of Tamil Nadu, 2023 lNSC 952 the Hon. Supreme Court dismissed the challenges against notifications issued by the State Government under S. 5 of the Environment ProtectionAct against the use of sups, Paper cups, Carry bags etc. Recently in Glister Sachet India Pvt. Ltd. Vs. State of Kerala, 2025 lNSC KER 54508 a Learned Single Judge of this Hon. 2025:KER:66918 WP(C) NO. 12817 OF 2018

Court upheld the Executive orders issued by the State of Kerala banning SUPs and other plastic products relying on the judgement of the Hon. Supreme Court.

5. In lightofthe long time lapse since filing the writpetition and in light of the intermittent and drastic legislative changes as stated above, the writ petition filed in public interest has become outdated and virtually infructuous. It may therefore be closed in the interests of justice in this Case.

6. None of these developments are made subject matter of the petition. There is no purpose in keeping such petition pending. If, despite these developments, any cause still survives, the same is kept open.

7. The writ petition is disposed of accordingly.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

BASANT BALAJI JUDGE

uu 2025:KER:66918 WP(C) NO. 12817 OF 2018

APPENDIX OF WP(C) 12817/2018

RESPONDENT EXHIBITS

Exhibit R3(b) A true copy of the G.O. (Ms) No. 2/2020/Envt. dated 27.01.2020 issued by the Government Exhibit R3(c) A true copy of the G.O.(Ms) No.4/2020 Envt. dated 16/02/2020 Issued by the Government Exhibit R3(d) A true copy of the G.O.(Ms) No.6/2022 Envt. dated 29.10.2022 issued by the Government Exhibit R3(e) A true copy of the Notification No.G.S.R.571(E) dated 12.08.2021 issued by the MoEF and CC Exhibit R3(a) A true copy of the Order, G.O.(MS) No.6/2019/Envt. dated 27/11/2019 issued by the Government.