Kerala High Court
Seenath K.A vs State Of Kerala on 19 February, 2026
2026:KER:15152
W.P.(PIL)No.34 of 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
WP(PIL) NO. 34 OF 2026
PETITIONER:
SEENATH K.A
AGED 47 YEARS, SPOUSE OF SAFEER OV
ODIPATTIL HOUSE, MAJOR MILTON NAGAR, NOCHIMA, JNAD
P.O., ALUVA, ERNAKULAM DISTRICT, PIN - 683561
BY ADVS.
SRI.K.K.ASHKAR
SMT.ASHIRA MOHAMED ASHROF
RESPONDENT/S:
1 STATE OF KERALA
GOVERNMENT OF KERALA, SECRETARIATE, THIRUVANANTHAPURAM,
REPRESENTED BY ITS CHIEF SECRETARY, PIN - 695001
2 MINISTRY OF ENVIRONMENT AND FOREST AND CLIMATE CHANGE
INDIRA PARYAVARAN BHAWAN, JOR BAGH ROAD,
NEW DELHI- 110 003 REPRESENTED BY ITS SECRETARY
3 LOCAL SELF GOVERNMENT DEPARTMENT
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM -
695001. REPRESENTED BY ITS PRINCIPAL SECRETARY
4 HEALTH & FAMILY WELFARE DEPARTMENT
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY, PIN - 695001
5 STATE LEVEL ADVISORY COMMITTEE FOR SOLID WASTE
MANAGEMENT, LOCAL SELF GOVERNMENT DEPARTMENT (URBAN),
PRINCIPAL DIRECTORATE, SWARAJ BHAVAN, FIRST FLOOR,
NANTHANCODE, KOWDIAR P.O.,THIRUVANANTHAPURAM
REPRESENTED BY ITS CHAIRMAN, PIN - 695003
2026:KER:15152
W.P.(PIL)No.34 of 2026
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6 ENVIRONMENT DEPARTMENT
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM
REPRESENTED BY ITS SPECIAL SECRETARY, PIN - 695001
7 KERALA STATE POLLUTION CONTROL BOARD
PATTOM P.O., THIRUVANANTHAPURAM . REPRESENTED BY ITS
MEMBER SECRETARY, PIN - 695004
8 THE DISTRICT COLLECTOR
ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD,
KOCHI, PIN - 682030
9 EDATHALA GRAMA PANCHAYAT
EDATHALA NORTH P.O., ALUVA REPRESENTED BY ITS
SECRETARY, PIN - 683561
BY ADVS.
SHRI.RAHUL VENUGOPAL, CGC
SRI.G.SANTHOSH KUMAR (P).
OTHER PRESENT:
SMT.K.R. DEEPA-SPL.GP
THIS WRIT PETITION (PUBLIC INTEREST LITIGATION) HAVING COME
UP FOR ADMISSION ON 19.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:15152
W.P.(PIL)No.34 of 2026
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JUDGMENT
Dated this the 19th day of February, 2026 Soumen Sen, C.J.
We have heard Mr. K.K. Ashkar, learned counsel for the petitioner, Mr. Rahul Venugopal, learned Central Government Counsel, Mr. T. Naveen, learned Standing Counsel for the Pollution Control Board and Mr. G. Santhoshkumar (P), learned Standing Counsel for the 9th respondent.
2. The statements made in the Public Interest Litigation (PIL) are general in nature. There is nothing on record to show that the Solid Waste Management Rules, 2016 and the CPCB Guidelines for Management of Sanitary Wastes have not been followed. In the absence of any material to show that the said Rules and Guidelines have not been followed, we are unable to accept this PIL.
3. The learned Standing Counsel for the Edathala Grama Panchayat submits that, as it stands now, the Edathala Grama Panchayat, in its meeting dated 30.07.2025, has already 2026:KER:15152 W.P.(PIL)No.34 of 2026 4 considered the said aspect and, in furtherance thereof, has entrusted an entity by name S & A Design LLP with the task of collection and scientific disposal of municipal solid waste, including diapers, sanitary napkins, etc., in accordance with the extant Rules. It is further pointed out that an annual scheme with an allocation of Rs.2 lakhs has already been earmarked for taking further steps in the matter of implementation of the relevant norms of the Municipal Solid Waste Rules.
4. In view of the above, we take the said submissions on record. Nothing further survives for consideration in this Public Interest Litigation and the same is accordingly disposed of.
Sd/-
Soumen Sen Chief Justice Sd/-
Syam Kumar V.M. Judge vpv 2026:KER:15152 W.P.(PIL)No.34 of 2026 5 APPENDIX OF WP(PIL) NO. 34 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE STATE POLICY ON SOLID WASTE MANAGEMENT NOTIFIED VIDE G.O.(P) NO.65/2018/LSGD DATED 13.09.2018. Exhibit P2 TRUE COPY OF THE GUIDELINES FOR COLLECTION, STORAGE AND DISPOSAL OF BIOMEDICAL /SANITARY WASTES ISSUED VIDE G.O. (RT) NO.
1227/2022/LSGD DATED 18-05-2022 ALONG WITH ITS ENGLISH TRANSLATION .
Exhibit P3 TRUE COPY OF THE DRAFT ENVIRONMENT PROTECTION (EXTENDED PRODUCER RESPONSIBILITY FOR PACKAGING MADE FROM PAPER, GLASS AND METAL AS WELL AS SANITARY PRODUCTS) RULES, 2024 ISSUED BY 2ND RESPONDENT VIDE S.O. 5282 (E) DATED 06.12.2024 Exhibit P4 TRUE COPY OF THE NATIONAL GUIDELINES FOR MENSTRUAL HYGIENE MANAGEMENT ISSUED BY CENTRAL GOVERNMENT IN DECEMBER 2015 Exhibit P5 TRUE COPY OF THE CPCB GUIDELINES FOR MANAGEMENT OF SANITARY WASTES ISSUED IN MAY 2018.
Exhibit P6 TRUE COPY OF THE DETAILED REPRESENTATION DATED 07.12.2023 MADE BY THE PETITIONER IN NAVA KERALA SADAS ORGANIZED BY THE STATE GOVERNMENT ALONGWITH ITS ENGLISH TRANSLATION.
Exhibit P7 TRUE COPY OF THE STANDARD OPERATING PROCEDURE (SOP) FOR SANITARY WASTE MANAGEMENT AND THE SAME WAS APPROVED BY THE GOVERNMENT VIDE G.O.(RT)NO.120/2025/LSGD DATED 13.01.2025 Exhibit P8 TRUE COPY OF THE DETAILED REPRESENTATION DATED 05.06.2025 MADE BY THE PETITIONER TO RESPONDENTS 3 TO 9.
Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 22.08.202 ISSUED BY 7TH RESPONDENT KSPCB INTIMATING FORWARDING OF EXT.P8 REPRESENTATION TO THE 3RD RESPONDENT