Chennai
A division bench comprising Justice M Sathyanarayanan and Justice R Hemalatha included TNPCB in the plea based on the submission by the Special Government Pleader (Forest) that plastic bags less than 40 microns are manufactured by Small industries and the Directorate of Industries and Commerce and TNPCB is also issuing sanction/consent letters. Hence, TNPCB ought to be impleaded as a respondent in the case, he said.
The PIL pertains to litter of garbage in the form of single use plastics in and around Sri Varadharaja Perumal Temple in Namakkal Taluk. Submitting photographs of the mess prevailing around the temple, the petitioner’s counsel had submitted that the devotee visiting the temple throw waste food items contained in the plastic items viz, polythene bags and plastic tumblers in the hilly area.
He further claimed that despite ample steps taken by the petitioner that to collect the waste, lack of staff on the part of the authorities concerned to enforce the plastic ban has resulted in rampant violations continuing to take place.
The special government pleader appearing for the Namakkal district administration had submitted that effective steps have been taken to clean the surrounding areas of the temple apart from availing the services of non-government organisations to educate shop owners not to use single use plastics in the light of the total prohibitory penal proceedings contemplated against the violators.
However, the bench in its order held, “This court can also take judicial notice of the fact that we the people lack civic sense. Though laws are in place, for the reasons best known to the concerned authorities, the laws are not strictly implemented, thereby giving an impression that there is an absolute immunity given to the violators to violate the rules and regulations.”
“The reform can come only through education, effective publicity through print and visual media and imposition of penalty against the violators,” the bench added while posting the plea for further hearing to February 24 after directing the Namakkal District administration to file a status report with supporting documents and photographs.
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