This court dismissed a writ petition seeking a mandate for strict implementation of the plastic ban. Relying on prior judgments that upheld the validity and implementation of G.O.(Ms).No.84, the Bench held that the Government is assured enforcement and further directions in successive writs are unnecessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.06.2019 CORAM THE HONOURABLE Mr.JUSTICE S.MANIKUMAR AND
THE HONOURABLE Mr.JUSTICE SUBRAMONIUM PRASAD
W.P.No.16806 of 2019
R.Kavin ... Petitioner
Vs.
1.The Secretary to Government, Environment and Forest Department, Fort St. George, Chennai – 9. 2.The Chairman, Pollution Control Board, Chennai – 32. 3.The District Collector, Erode District. 4.The Commissioner, Corporation of Erode, Erode District. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, issuance for a Writ of Mandamus directing the 1st to 4th respondents to strictly implement the G.O.(Ms).No.84 passed by the Government of Tamilnadu dated 25.6.2018 and remove the carry bags, plastic tumbler, plastics sheets, plastic coated tea cups, plastic straw, and etc ban plastic from the shops and further directing the 3rd to 4th respondents to take action against the user of shop owners and manufacturers of ban plastic in accordance with law.
For Petitioner : M/s.S.Ramajayam
For R4 : Mr.M.Rajamathivanan
ORDER (Order of the Court was made by S.MANIKUMAR.J.,)
Instant writ petition has been filed for a Writ of Mandamus directing the 1st to 4th respondents to strictly https://hcservices.ecourts.gov.in/hcservices/ implement G.O.(Ms).No.84 passed by Government of
Tamilnadu dated 25.6.2018 and to remove the carry bags, plastic tumbler, plastics sheets, plastic coated tea cups, plastic straw, and etc., ban plastic from the shops and for a further direction to the 3rd to 4th respondents, to take action against the shop owners and manufacturers, to ban plastic, in accordance with law.
From
R.Kavin, B.A.,B.L., No. 29, P.R. Complex, Prakasam Street, Erode - 1. 99942 72229
To
1.The Chief Secretary to Government, Secretariat, Chennai - 600 009. 2.The Environment and Forest Secretary, Secretariat, Chennai - 600 009. 3.The District Collector, Office of the District Collectorate, Erode. 4.The Corporation Commissioner, Corporation Office, Erode.
Sir,
Sub : Erode and in the other Districts in Tamil Nadu, banned plastic goods and covers are again produced against law and further the business people and public use are to be banned, with evidence of photographs the petition is being given at the second time. This petition is to take action against the officers failed to prevent the production of the banned plastic goods and covers - Reg.
From the last January 1st onwards, the one time use plastic goods and covers production and distribution are totally banned by the Government of Tamil Nadu.
Further after some days of banning, the officers have not checked properly and seized the plastics, again the banned plastic goods little by little produced and in all departments and shops came again in a large extent.
Further regarding this I have sent complaint to the District Collector's authorised whatsapp of 7806917007 for taking action. Even in the Erode District Bus Stand the banned plastic covers and used and I have given complaint to prevent the same and stop. But no action is taken.
Again I have sent complaint to the District Collector's authorised whatsapp on 4th March in the second time about the plastic are https://hcservices.ecourts.gov.in/hcservices/ being used in Choolai, Sutty Road area in fruit
shop and flower shop. But no action was taken for that.
Further in the whole of Erode District, in maximum shops not properly checked and for different departmental officers, there is no proper co-ordination in department wise, the banned plastic covers are stall used. As I travelled in several Districts, the same condition is prevailing. The evidence for that is enclosed in the enclosed photos.
Further due to the usage of banned plastics, the human race is indirectly travelling towards distinction. How so, the hot tea is poured in the plastic cover as such. Due to unaware of its result, when the innocent people use it, the plastic poison gradually spreads inside the human body parts and spoils the human organ and cause bad to the life.
Further specifically, in the meat shops, hotels being used disposable plastic cover, when thrown after usage, due to the attraction of meat or food in it the birds, coats, cows, dogs and such lives, swallow such covers as its food and the danger of death is caused to them.
Further after the usage of the plastic cover, when thrown out, several plastic covers are taken through drains water courses and canals to the rivers, Through the rivers, they finally confluent in the sea. In due course, as small drips cause large flood, from all over the country, the small and small plastic covers all confluent in the sea. Further, from the plastic covers and plastic goods the cruel poison dissolves in the sea water and seriously affects the sea lives. Further the sea fishes happen to swallow the plastic. Wen the above sea fish are eaten by human the cruel plastic poisons, finally charge as disease for the human himself, when produce the plastic goods.
Further the essential food of salt is obtained from sea water only. Further the dissolved cruel plastic poison in the sea water, little by little dissolve in the sea and enter into the salt and the cruel bad plastic poison spread and that salt is being used daily by human, it creates bad effect to the human life itself.
Further for the intention of large
business, all over the country, the business men for their self gain, creates waste and diseases. Further it comes very bad effect on the society.
If a stage come as no plastic covers are available for purchase of goods, the human race will automatically switch over to the usage of cotton bags.
I request that banned, life killing plastic and plastic goods and covers are to be banned of production and distribution and those who violates, very serious and hard action is to be taken against them.
Yours faithfully,
GOVERNMENT OF TAMILNADU ABSTRACT
Environment - 110 Announcement of the Hon'ble Chief Minister on the floor of the Assembly on 05.06.2018 regarding ban on one-time use and throwaway plastics irrespective of thickness with effect from 01.01.2019 under Environment (Protection) Act, 1986 - Notification - Orders - Issued.
----------------------------------------------------------------------------------Environment and Forests (EC.2) Department G.O.(Ms).No.84 Dated: 25.06.2018 tpsk;gp. Mdp?11 jpUts;Sth; Mz;L ? 2049
=====
ORDER:
The Hon'ble Chief Minister on 05.06.2018, on the Legislative Assembly, with a view to make Tamil Nadu Plastic Free, has announced, ban on one time use and throwaway plastics', irrespective of thickness, with effect from 1st January, 2019 under the provisions of the Environment (Protection) Act, 1986.
NOTIFICATION WHEREAS, plastic carry bags and other
plastic items used in daily life cause short term and long term environmental damage and health hazard;
AND WHEREAS, Article 48-A of the Constitution of India, inter alia, envisages that the State shall endeavour to protect and improve the environment;
AND WHEREAS, it has come to the knowledge of the Government that, the use of use and throwaway plastics' such as plastic carry bags, plastic sheets used for food wrapping, spreading on dining table etc., plastic plates, plastic coated tea cups and plastic tumbler, water pouches and packets, plastic straw and plastic flags are causing serious environmental hazards and health problems amongst human beings as well as plants and animals;
AND WHEREAS, it is observed that the plastic wastes are also causing blockage of sewers and drains apart from resulting in pollution of water bodies;
AND WHEREAS, with a view to prevent the recurrence of such problems, the State Government have decided to issue the following directions imposing ban on manufacture, storage, supply, sale and use of 'use and throwaway plastics', such as, plastic sheets used for food wrapping, spreading on dining table etc., plastic plates, plastic coated tea cups and plastic tumbler, water pouches and packets, plastic straw, plastic carry bag and plastic flags irrespective of thickness.
NOW, THEREFORE, in exercise of the powers conferred under section 5 of the Environment (Protection) Act, 1986 (Central Act 29 of 1986) read with Government of India, Ministry of Environment and Forests Notification No.S.O.152 (E), dated 10th February, 1988, the Governor of Tamil Nadu hereby issues the following directions:-
THE DIRECTIONS
1.(a) No industry or person shall manufacture, store, supply, transport, sale or distribute, 'use and throwaway plastics'.
(b) No person including shopkeeper, https://hcservices.ecourts.gov.in/hcservices/ vendor, wholesaler, retailer, trader, hawker or
salesmen shall use, 'use and throwaway plastics': Provided that the plastic used for the following purposes are exempted:-
(a) The plastic carry bags manufactured exclusively for export purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU).
(b) The plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units.
(c) The plastic bags and sheets used in Forestry and Horticulture nurseries against the orders from the Government Departments.
(d) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.
(e) Carry bags made from compostable plastics bearing a label "compostable" and conforming to the Indian Standard IS or ISO 17088:2008 titled as Specifications for "Compostable Plastics".
2(a) The Commissioners, in respect of the Municipal Corporations and the District Collectors, in respect of the local areas other than Municipal Corporations shall ensure prevention of storage, supply, transport, sale, distribution and use of the above said plastic items;
(b) District Environmental Engineers shall ensure prevention of manufacturing of the above said plastic items.
Explanation 1 "Plastic" means, material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like acryionitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate.
Explanation 2 -- "use and throwaway plastic" means items such as plastic carry bags or plastic flags, plastic sheets used for food wrapping, spreading on dining table etc plastic plates, plastic coated tea cups and plastic tumbler, water pouches and packets, plastic straw irrespective of thickness.
Explanation 3 -- "Plastic sheet" means sheet
made of plastic.
Explanation 4 -- "Carry bag" means bag made from plastic material used for the purpose of carrying or dispensing commodities which have a self carrying feature but do not include bag that constitute of form an integral part of the packaging in which goods are sealed prior to use.
Explanation 5 -- The word "compostable plastic" means plastic that undergoes degradation by biological processes during composing to yield Carbon di-oxide, water, inorganic compounds and biomass at a rage consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue.
(BY ORDER OF THE GOVERNOR)
Md.NASIMUDDIN PRINCIPAL SECRETARY TO GOVERNMENT
"13. We, therefore, taking into account the Government Order in G.O.(Ms).No.84, Environment and Forests (EC-2) Department, dated 25 June, 2018, impose a ban on manufacture, storage, supply, sale and use of "Use and Throwaway Plastics", such as plastic sheets used for food wrapping, spreading on dining table etc., plastic plates, plastic coated tea cups, plastic tumblers, water pouches and packets, plastic straw, plastic carry bags and plastic bags, irrespective of thickness in the Madurai Corporation, with effect from 10 December, 2018.
Assistant Health Officers, Assistant Commissioners and other responsible officers for conducting regular check in all the establishments in all the Wards within the Madurai Corporation and seize the plastic articles. The Corporation should also take action against those who are manufacturing, selling or using non-woven bags. Till appropriate regulations are made, consequent to the implementation of the Government Order in G.O.(Ms).No.84, Environment and Forests (EC-2) Department, dated 25 June, 2018, the Corporation must impose a fine of Rs.500/(Rupees Five Hundred only) on those who are found using the banned plastics for the first time. In case the violation is repeated, the Corporation shall take action for suspension of the licence, by following due process. The expenses in connection with the disposal of the seized plastic items should also be collected from the violators."
“15. The notification issued by the State Government, which is impugned in this writ petition, was issued under Section 5 of the Environment (Protection) Act, 1986, which given absolute power for prohibition of any industry, closure, or its regulation.
under Section 5 of the Environment Act to the State Governments of Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Mizoram, Orissa, Rajasthan, Sikkam and Tamil Nadu. The Supreme Court observed that by virtue of the delegation, the delegated authority could issue order prohibiting the location of industries in specified areas.
W.P.No.34065 of 2018, dated 27.12.2018, reads thus:-
“2.The main grievance of the petitioner, as articulated by the counsel appearing for the petitioner, is that by reason of the Government Order, no industry or person can manufacture, store, supply, transport, sale or distribute plastic items. However, a reading of the impugned Government Order would clearly show that ban is effective only with reference to “Use and Throwaway Plastic.” Proviso to Direction 1(b) of Government Order gives 5 exemptions of plastic that can be used. Further, Explanation 2 of the Government Order also specifies what “Use and Throwaway Plastic” means. Therefore, the grievance of the petitioner appears to be unfounded. Further, a coordinate Bench of this Court has already considered this Govern Order and passed an order dated 19.12.2018 at Madurai in W.P.(MD). No.24623 of 2018 and the operative portion of the said order is extracted hereunder:-
“17. The Government Order impugned in this writ petition is referable to the delegated authority permitting the State Government to impose total prohibition/closure of industries. The legal issue raised by the petitioner, therefore, covered by the judgment of the Supreme Court in A.P. Pollution Control Board II v. M.V.Nayudu [2001 (2) SCC 62].”
take action, as per the statutory provisions, government orders in force and the orders issued by this Court, time to time.
Sd/-
Assistant Registrar(Ccc)
//True Copy//
Sub Assistant Registrar
dm
To
1.The Secretary to Government,
Environment and Forest Department,
Fort St. George, Chennai – 9.
2.The Chairman,
Pollution Control Board,
Chennai – 32.
3.The District Collector,
Erode District.
4.The Commissioner,
Corporation of Erode,
Erode District.
+1cc to Mr.S.Ramajayam , Advocate SR.No. 50870
+1cc to Mr. M.Rajamathivanan, Advocate SR.No. 50829
+1 cc to Spl Government Pleader (forest) Sr.No. 50832
+1 cc to Government Pleader Sr.No. 51131
W.P.No.16806 of 2019
A.SK(26/07/2019)
3 issues framed by the court
Whether the petitioner is entitled to a Writ of Mandamas for projecting the implementation of G.O.(Ms).No.84 banning use and throwaway plastics.
Whether the State authorities have failed in their duty to prevent the manufacture and sale of banned plastic items.
Whether further directions are needed given the existence of prior writ orders upholding the ban.
Colour shows how this judgement treated each authority
Yagappan Nagar West Residents Welfare Association vs. Secretary to GovernmentReferred¶79
W.P.(MD).No.10131 of 2018
A.P. Pollution Control Board II v. M.V.NayuduRelied on¶85
A.P. Pollution Control Board II v. M.V.Nayudu [2001 (2) SCC 62] · Who else cites this
Mr.K.K.Ramesh vs. 6th RespondentExplained¶83
W.P.(MD).No.24623 of 2018
Tamil Nadu, Pondy Plastic Association vs. Principal Secretary to GovernmentExplained¶89
W.P.No.34065 of 2018
3 provisions across 3 enactments
R.Kavin
Secretary to Government, Environment and Forest Department
Chairman, Pollution Control Board
District Collector, Erode District
Commissioner, Corporation of Erode
S.Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
