[Kerala ban on single-use plastic] Kerala High Court admits plea against manufacture, sale of plastic-coated paper cups

The Court took on record an Advocate-Commissioner's report, which stated that two largescale paper cup manufacturers were coating their paper cups with plastic, in contravention of Kerala’s embargo on single-use plastic.
[Kerala ban on single-use plastic] Kerala High Court admits plea against manufacture, sale of plastic-coated paper cups
paper cups

The Kerala High Court on Tuesday admitted a petition filed by a biodegradable paper-cup manufacturer against the State and two other paper cup manufacturers seeking the implementation of Kerala’s ban on the manufacture. transport, distribution or sale of single use plastic. (Sprout Private Limited v. State of Kerala and Others)

In an interim order, Justice PB Suresh Kumar took on record a report submitted by a Court-appointed Advocate Commissioner, which stated that two largescale paper cup manufacturers were coating their paper cups with plastic, in contravention of Kerala’s embargo on single-use plastic.

Admitting the petition, Justice Suresh Kumar injuncted the two units from manufacturing and selling their plastic-coated paper cups.

In the petition filed by Sprout Limited, the company has averred that plastic coated paper cups were being rampantly manufactured, stored, distributed and sold in both wholesale and retail markets. The petitioner submits that this continued because of the “non-implementation” of the government's notification.

In particular, it was submitted that two paper cup manufacturing units were coating their paper cups with plastic. The petitioner asserted that the State demonstrated culpable inaction and lethargy in implementing the plastic ban notifications. The petitioner also claims that his complaints in this respect were not acted upon.

It is the petitioner’s case that the two units were two of the largest paper cup manufacturers in Kerala.

The petitioner-unit has also made reference to another petition it has filed before the High Court in respect of the use of plastic-coated paper cups in commercial and non-commercial units in the State amid COVID-19.

In response to the said petition, the government has explicitly submitted that the plastic-ban continued, and that plastic-coated products cannot be utilised.

In the present petition, the petitioner seeks the effective implementation of the single-use plastic ban.

The petitioner is being represented by Advocate Santhosh Mathew and advocates of Ninan and Mathew Advocates, while Advocate P Deepak is representing the company in the other petition it had filed.

In December 2019, the Kerala Government had issued an order banning the manufacture, transport, distribution and sale of single-use plastic.

Read the order here:

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Sprout Private Ltd. v. State of Kerala and Ors..pdf
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