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Madras High CourtCRL MP/89/2019ordered

R.Sriram v. The State Represented By Its

2019-01-04Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Monday, the Second day of August Two Thousand Twenty One PRESENT THE HON `BLE MR JUSTICE S.VAIDYANATHAN and THE HON`BLE MS.JUSTICE P.T.ASHA REV.APLW No.89 of 2019 in WP.No.34065 of 2018 TAMIL NADU PONDY PLASTIC ASSOCIATION [ PETITIONER ] REP BY ITS PRESIDENT MR.G.SANKARAN NEW NO 26 OLD NO 142 CHOOLAI HIGH ROAD, CHOOLAI, CHENNAI-112 Vs 1 THE GOVERNMENT OF TAMIL NADU [ RESPONDENTS ] REP BY PRINCIPAL SECRETARY TO GOVERNMENT , ENVIRONMENT AND FOREST (EC-2) DEPARTMENT, CHENNAI-9 2 THE UNION OF INDIA REP BY SECRETARY TO GOVERNMENT, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, PARYAVARAN BHAVAN, LODHI ROAD, NEW DELHI-110003.

Review petition under order XLVII rule 1 of CPC pleased to review order dated 27.12.2018 made in WP.No.34065/2018 by allowing this review application (in REV.APLW.No.89/2019); Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.SARAVANAKUMAR, Advocate for the petitioner the court made the following order:- Today, we have noticed and it is also brought to the notice that the usage of plastic is on the increase. No doubt, the Government has taken steps to address this issue as reflected in their report dated 02.03.2020. However, we are of the opinion that this issue has to be addressed with the start point, namely, the place where plastic originate, i.e. Manufacturing units. The Government should address this issue at the manufacturing point itself to ensure that the plastic is not in circulation in the State. We have also taken note of the fact that the Government is

taking steps to give effect to the proposal given by the Tamilnadu Pollution Control Board on 28.01.2020 to consider removing item 1(b) of the exempted items, namely, the plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units from the category of exempted items.

2. We would also request the Government to address with attention to the case of 'use and throwaway plastics' like plastic bottle etc., which has been covered in their report at paragraph 8. These two items are the ones that are in large scale use by the public. If this is addressed, we are of the opinion that to a very great extent, the usage of plastic in public would come down. Attention should also be given to Hotels/Restaurants etc., where takeaway parcels have now become the order of the day. We have noticed that most of these food items are packed using plastic materials.

The Government should have regular checks to avoid usage of plastics.

3. For submitting a further report on the above direction, post the matter on 31.08.2021.

4. The learned Government Advocate is also directed to give a copy of the report to the counsel appearing for the petitioner. -sd/- 02/08/2021 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SECRETARY TO GOVERNMENT ,THE GOVERNMENT OF TAMIL NADU, ENVIRONMENT AND FOREST (EC-2) DEPARTMENT, CHENNAI-9 2 THE SECRETARY TO GOVERNMENT, THE UNION OF INDIA, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, PARYAVARAN BHAVAN, LODHI ROAD, NEW DELHI-110003.

Copy to

3. GOVERNMENT ADVOCATE HIGH COURT, CHENNAI.

Order in REV.APLW No.89 of 2019 in WP.No.34065 of 2018 Date :02/08/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(09/08/2021)