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Sprout Private Limited vs. State Of Kerala

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WP(C)/1357/2020HC KeralaGSTCNR KLHC01003800202026 August 2020Bench: HONOURABLE MR. JUSTICE ALEXANDER THOMAS5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNE AY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942 WP(C).No.1357 OF 2020(T) PETITIONER: SPROUT PRIVATE LIMITED NEAR RUBCO LATEX FACTORY, SREEKANDAPURAM, KANNUR DISTRICT-670631, REPRESENTED BY ITS MANAGING DIRECTOR, SANTHOSH PHILIP, AGED 40 YEARS, SON OF P.M.PHILIP, RESIDING AT PARAMBATTE HOUSE, KAITHAPURAM P.O., MADAMAPAM, SREEKANDAPURAM, KANNUR-670631. BY ADVS. SRI.PRAVEEN.H. SRI.G.HARIHARAN SMT.K.S.SMITHA SMT.T.T.SHANIBA SRI.M.V.VIPINDAS SHRI.AMAL DEV D RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE, SOUTH SANDWICH BLOCK ROOM - SSBT II, 4TH FLOOR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DISTRICT COLLECTOR, COLLECTORATE ROAD, KANNUR-670002. 3 THE SECRETARY, SREEKANDAPURAM MUNICIPALITY, DHARAMASALA, KANNUR UNIVERSITY P.O., KANNUR DISTRICT-670631. 4 THE CHIEF ENVIRONMENTAL ENGINEER, KERALA POLLUTION CONTROL BOARD, PATTOM, THIRUVANANTHAPURAM-695004. R1-2 BY SRI.K.V.SOHAN, STATE ATTORNEY SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER, SRI.T.NAVEEN, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) No. 1357 of 2020 2 ALEXANDER THOMAS, J. ------------------------------------ W.P(C) No. 1357 of 2020 ------------------------------------ Dated this the 26th day of August, 2020 JUDGMENT The prayers in the above Writ Petition (C) are as follows: “(i) Quash Ext.P16 to the extent it mandates lab certification to prove biodegradability or compostability of the products of the petitioner by the issuance of a writ of certiorari. (ii) Issue a writ of mandamus or any other appropriate writ or order commanding the 4th respondent to conduct the lab test as stated under Ext.P16 by confining to find out if there is plastic content in the products of the petitioner as expeditiously as possible without any further delay. (iii) Issue a writ of mandamus or any other appropriate writ or order commanding the 4th respondent take up Ext.P17 and exempt the products of the petitioner if it is found that it does not contain plastic. (iv) To pass such orders or reliefs as this Honourable court deems fit in the interest of justice.”

2.

Heard Sri.Praveen Hariharan, learned counsel appearing for the petitioner, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for R1 & R2 and Sri.T.Naveen, learned Standing Counsel for the Kerala State Pollution Control Board appearing for R4. In the nature of the orders proposed to be passed in this writ petition notice to R3 will stand dispensed with.

3.

Sri.Praveen Hariharan, learned counsel appearing for the

W.P(C) No. 1357 of 2020 3 petitioner would submit that in view of the separate judgment rendered by this Court today (26-08-2020) in W.P(C) No.17122/2020 filed by the same petitioner, no separate orders are necessary in this case. Accordingly, recording the abovesaid submission of the petitioner, the abovesaid Writ Petition (C) will stand disposed of. ALEXANDER THOMAS, JUDGE KAS

W.P(C) No. 1357 of 2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY. EXHIBIT P2OF THE REGISTRATION CERTIFICATE EVIDENCING REGISTRATION UNDER THE GST ACT DATED 08.03.2019. EXHIBIT P3OF THE UDYOG AADHAR UDYOG AADHAAR (ALSO CALLED AS AADHAAR FOR BUSINESS) A UNIQUE 12-DIGIT GOVERNMENT IDENTIFICATION NUMBER PROVIDED BY THE MINISTRY OF MSME FOR THE SMALL AND MEDIUM ENTERPRISES & SMALL SCALE INDUSTRIES ISSUED TO THE PETITIONER. EXHIBIT P4OF THE ELECTRIC BILL ISSUED BY THE KSEB EVIDENCING POWER CONNECTION GRANTED TO THE PETITIONER. EXHIBIT P5OF THE CERTIFICATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 29.01.2018. EXHIBIT P6OF THE CERTIFICATE OF IMPORTER - EXPORTER CODE ISSUED BY THE DGGT DATED 26.05.2019. EXHIBIT P7OF THE TRADE LICENSE ISSUED BY THE SREEKANDAPURAM MUNICIPALITY. EXHIBIT P8OF THE INTERIM ORDER DATED 29.05.2017 PASSED IN WP(C) NO.17720/2017. EXHIBIT P9OF THE TEST REPORT DATED 16.03.2019 ISSUED BY APT TESTING AND RESEARCH PRIVATE LTD., APPROVED BY FDA, MAHARASHTRA.

W.P(C) No. 1357 of 2020 5 EXHIBIT P10OF THE LABORATORY TEST REPORT ISSUED BY THE INDIAN INSTITUTE OF PACKAGING CERTIFYING TO HAVE QUALIFIED IN THE OVERALL MIGRATION TEST DATED 31.12.2018. EXHIBIT P11OF THE CERTIFICATE ISSUED BY SAFE PACK SOLUTIONS EVIDENCING THAT THE PRODUCT IS BIODEGRADABLE IN CONFORMITY TO ASTM D5388. EXHIBIT P12OF THE LETTER DATED 21.11.2012. EXHIBIT P13OF THE NOTIFICATION NO. GO NO.6/2019/ENVT DATED 27.11.2019. EXHIBIT P14OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ALONG WITH THEIR SISTER CONCERN BEFORE THE 1ST RESPONDENT. EXHIBIT P15OF THE JUDGMENT DATED 09.12.2019 PASSED IN WP(C) NO.33114/2019. EXHIBIT P16OF THE ORDER DATED 31.12.2019 AS GO (RT) NO.129/2019/ENVT PASSED BY THE 1ST RESPONDENT. EXHIBIT P17OF THE REPRESENTATION DATED 07.01.2020 ISSUED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P18OF THE NOTIFICATION NO. GO (MS) NO.7/2019/ENVT DATED 17.12.2019. EXHIBIT P19OF THE RECEIPT EVIDENCING PAYMENT OF RS.3,22,258/-, ON 14.05.2020 TO THE CSIR, TRIVANDRUM. RESPONDENT'S/S EXHIBITS: NIL

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.