Kerala High Court
Sumesh Kumar R vs The State Of Kerala on 10 October, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.P.(C)No.30685 of 2024
2024:KER:75186
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
W.P.(C)No.30685 OF 2024
PETITIONER:
SUMESH KUMAR R.,
AGED 49 YEARS
S/O P RAVINDRAN NAIR, SIVAN PARAMBIL, VELLAKKINAR WARD,
ALAPPUZHA H.O., ALAPPUZHA, PIN - 688001
BY ADVS.
MANU GOVIND
AISWARYA V.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT
REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
PATHANAMTHITTA, COLLECTORATE, PIN - 689645
3 THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR P O,
THIRUVANANTHAPURAM, PIN - 695003
4 THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR P
O,THIRUVANANTHAPURAM, PIN - 695003
5 THE EXECUTIVE OFFICER
SABARIMALA, TRAVANCORE DEVASWOM BOARD, SABARIMALA,
PATHANAMTHITTA, PIN - 689662
6 THE DEPUTY DIRECTOR
LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM, PIN - 695003
7 ADDL.R7. THE KERALA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS SECRETARY, PATTOM P.O.,
W.P.(C)No.30685 of 2024
2024:KER:75186
2
THIRUVANANTHAPURAM - 695004
8 ADDL. R8 THE ENVIRONMENTAL ENGINEER,
DISTRICT OFFICE, POLLUTION CONTROL BOARD, PATHANAMTHITTA -
689645 (IMPLEADED AS PER ORDER DATED 06-09-2024 IN IA 2/24 IN
WPC)
9 ADDL.R9: THE UNION OF INDIA, REPRESENTED BY SECRETARY,
MINISTRY OF ENVIRONMENT, FORESTS CONSERVATION DIVISION,
GOVERNMENT OF INDIA, 3RD FLOOR, PRITHVI WING, INDIRA
PARYAVARAN BHAWAN, JOR BAGH, NEW DELHI, PIN-110 003.
10 ADDL.R10: THE CENTRAL POLLUTION CONTROL BOARD, REPRESENTED BY
ITS CHAIRMAN,
PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN NAGAR,
DELHI, PIN-110 032.
11 ADDL.R11: THE PRINCIPAL CHIEF CONSERVATOR OF
FORESTS(WILDLIFE) & CHIEF WILDLIFE WARDEN,
FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-
695 014.
12 ADDL.R12: THE DEPUTY DIRECTOR, PERIYAR TIGER RESERVE (WEST),
PEERUMEDU, IDUKKI, PIN-685 531.
13 ADDL.R13: THE CHIEF WILDLIFE WARDEN,
THIRUVANANTHAPURAM WILDLIFE DIVISION, RAJEEV GANDHI NAGAR,
VATTIYOORKAVU P.O., THIRUVANANTHAPURAM, PIN-695 013.
14 ADDL.R14: THE COMMISSIONER OF FOOD SAFETY,
OFFICE OF THE COMMISSIONER OF FOOD SAFETY, THYCAUD,
THIRUVANANTHAPURAM, PIN-695 014.
15 ADDL.R15: THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA,
REPRESENTED BY ITS EXECUTIVE DIRECTOR,
FDA BHAVAN, KOTLA ROAD, NEW DELHI, PIN-110 002 (ADDL.R9 TO
R15 ARE IMPLEADED AS PER ORDER DATED 11.09.2024 IN IA
NO.3/2024 IN WP(C) NO.30685/2024)
BY ADVS.
NAVEEN T, SC
N.S.DAYA SINDHU SHREE HARI, CGC
OTHER PRESENT:
SRI RAJMOHAN S., SR. GP
SRI G. BIJU, SC,
SMT CHITHRA P. GEORGE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.30685 of 2024
2024:KER:75186
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JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this writ petition, invoking the discretionary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a declaration that clauses 84A and 84B in Ext.P1 list of Kuthaka items in the tender notification No.E.O.P.No.196/24/Saba. dated 19.07.2024 is void and inoperative; a writ of mandamus commanding the 3rd respondent Travancore Devaswom Board not to enter into any agreements as envisaged under clauses 84A and 84B in Ext.P1 list of Kuthaka items; and an alternative relief of a declaration that the 3rd respondent Board cannot compel tenderers like petitioners to buy items covered by clauses 84A and 84B from the Kuthaka holders of Kuthaka items 84A and 84B.
2. On 06.09.2024, when this writ petition came up for admission, the learned Standing Counsel for Kerala State Pollution Control Board was directed to get instructions as to the available options, other than multi-layered packing, which can be used for selling soft drinks, glucose, etc. to pilgrims at Sabarimala.
3. On 11.09.2024, when this writ petition came up for W.P.(C)No.30685 of 2024 2024:KER:75186 4 consideration, the learned Central Government Counsel took notice for additional respondents 9 and 15, the learned Standing Counsel for Travancore Devaswom Board took notice for respondents 3 to 5, the learned Senior Government Pleader for respondents 1, 2, 6 and additional respondents 11 to 14, the learned Standing Counsel for State Pollution Control Board for the additional respondents 7 and 8, the learned Standing Counsel for Food Safety and Standards Authority of India for the additional 15th respondent. The learned Standing Counsel for State Pollution Control Board submitted that a report on behalf of the additional 7th respondent shall be placed on record by 12.09.2024.
4. On 13.09.2024, when this writ petition came up for consideration, on behalf of respondents 7 and 8, the report of the additional 8th respondent Environmental Engineer, Kerala State Pollution Control Board, District Office, Pathanamthitta was placed on record, wherein it is stated as follows;
"4. It is respectfully submitted that sale of soft drinks, glucose and similar food items in tetra packages having Extended Producer Responsibility (EPR) Registration is a permissible activity under the provisions of Plastic Waste Management Rules, 2016 (hereinafter referred to as PWM Rules), except Nilakkal, Pampa and Sabarimala in view of the notifications W.P.(C)No.30685 of 2024 2024:KER:75186 5 issued by the Board. The production and usage of permissible plastic packages, including tetra packages, are regulated through the Extended Producers Responsibility (EPR) envisaged under PWM Rules for which registration is issued through the central web portal maintained by the Central Pollution Control Board.
5. The Board analysed and considered various options for selling soft drinks, glucose etc. to the pilgrims at Sabarimala and came to a conclusion that branded soft drinks, glucose, etc in tetra packaging with Extended Producer Responsibility Registration can be allowed to be sold at Nilakkal, Pamba and Sabarimala during pilgrimage season, by giving exemption from the restrictions imposed in the Notification. In order to implement this without causing pollution in the above places, the Travancore Devaswom Board and the Local Self Government Institution concerned shall ensure proper collection of the waste through authorized collectors and shall ensure scientific disposal of the waste through authorized treatment facilities."
5. The petitioner has filed I.A.No.4 of 2024 seeking permission to accept an additional affidavit dated 23.09.2024, wherein it is stated that in view of the revised general conditions for the tender process for the year 1200ME (2024-25) in Sabarimala Devaswom, issued vide DBROC No.04/2023/Sab(Kuthaka) dated 31.07.2024, no further adjudication is required in this writ petition and therefore the same may be closed.
6. Today, when this writ petition is taken for consideration, W.P.(C)No.30685 of 2024 2024:KER:75186 6 the learned counsel for the petitioner would submit that, for the reason stated in the affidavit filed in support of I.A.No.4 of 2024, this writ petition may be closed.
7. The learned Senior Government Pleader and also the learned Standing Counsel for State Pollution Control Board would point out the specific stand taken in paragraphs 4 and 5 of the report of the additional 8th respondent Environmental Engineer, with specific reference to sale of soft drinks, glucose and similar food items in tetra packages having Extended Producer Responsibility (EPR) registration, which is a permissible activity under the provisions of Plastic Waste Management Rules, 2016.
8. In such circumstances, this writ petition is closed based on the stand taken by the petitioner in the affidavit filed in support of I.A.No.4 of 2024.
Registry to issue a copy of this judgment to the learned Amicus Curiae for the Special Commissioner, Sabarimala along with a copy of this writ petition and the report dated 12.09.2024 filed by the additional 8th respondent Environmental Engineer, so as to enable the Special Commissioner to file a report before this Court on the aspect pointed out in paragraphs 4 and 5 of that report regarding the W.P.(C)No.30685 of 2024 2024:KER:75186 7 use of tetra packages having Extended Producer Responsibility (EPR) registration, which is a permissible activity under the provisions of Plastic Waste Management Rules, 2016, at Sabarimala.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE MIN W.P.(C)No.30685 of 2024 2024:KER:75186 8 APPENDIX OF WP(C) 30685/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES KUTHAKA LIST DATED 31.07.2024 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF GENERAL CONDITIONS FOR THE TENDER FOR 1200 ME AS PER DBROC NO.04/2023/SAB(KUTHAKA) DATED 31.07.2024 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 20.12.2019 IN SSCR NO.9 OF 2018 OF THIS HONOURABLE COURT EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 08.01.2024 IN SSCR 2 OF 2024 EXHIBIT P5 COPY OF THE REPRESENTATION DATED 23.08.2024 PREFERRED BY THE PETITIONER TO 4TH PETITIONER EXHIBIT P6 A TRUE COPY OF THE PRICE LIST NO.
DSOPTA/946/2023-CS7 DATED 01.11.2023 FIXED BY THE DISTRICT COLLECTOR, PATHANAMTHITTA FOR 2022-23 RESPONDENT ANNEXURES ANNEXURE R7(A) TRUE COPY OF THE NOTIFICATION NO.
KPCB/50/2021-SEE-3 DATED 28-11-2023 ISSUED BY THE POLLUTION CONTROL BOARD.