Kerala High Court Suggests State To Assign Portion Of ₹22 Crore Fine Collected For Waste Disposal Awareness On Social Media

The Special Bench of Justice Bechu Kurian Thomas and Justice Gopinath P. orally observed:

“You have collected Rs. 22 crores as fines in the last 9 months, you can devote at least Rs. 1 crore out of it for making a campaign and spread it through Instagram. It reaches billions in seconds… We should be innovative enough to reach all types of generations. It is essential now. Only an awareness can bring in a change in approach...I'll suggest something. Something more that you can do is, Instagram and other social media platforms, you can create advertisements without much cost. It is only the cost of making that ad. Thereafter you can spread it, it runs like wildfire. Small reels. Popular actors who might be willing to do it free of cost.”

The Bench, specially constituted to monitor the waste management in the State, was hearing a suo motu petition initiated in the aftermath of the Brahmapuram fire, along with connected matters.

While hearing the matter yesterday, the Court said that there is waste all over the State. It also mentioned the issue of tourists travelling to Munnar and other hill stations, leaving paper/plastic waste after consuming food and water, which ends up in the rivers after rain. It told the State that there is no effective removal of waste or prevention of irresponsible dumping.

Referring to its order banning single-use plastic, which was stayed by the Supreme Court, the Bench orally remarked:

“Though our earlier order regarding plastic waste has been stayed, there are directions in that, which you yourself can implement. Even without directions, you can implement… There are certain things by virtue of the stay, you can't do anything. There are certain other things that you can by yourself. As government, you yourself can initiate steps. You can ask the local authorities to prevent, collect all the plastic bottles that are flowing through the rivers. Why do you need an order from this Court even?”

At this point of time, the government pleader submitted to the Court that around 22 crores have been collected as fines for various violations for dumping waste, during the last 9 months, starting from January 2025.

On hearing this, the Court suggested that the government can take up campaigns in theatres also, like the anti-smoking campaign using a portion of the fines collected even without waiting for directions from it.

It orally observed: “That is now turning out to be a good revenue for the State. But still, it doesn't look like having any deterrent effect.... like the anti-smoking campaign, which had tremendous effect. Minuscule portion is enough.”

It also suggested that the government can take up campaigns in theatres also, like the anti-smoking campaign.

The Court also pulled up the State Pollution Control Board for not taking effective steps regarding the issue of water overflowing from the Sewage Treatment Plant (STP) in the High Court Advocates Chamber Complex.

By its order dated 08.08.2025, the Court had recorded the Pollution Control Board's undertaking that necessary remedial measures if it finds that the water from the STP in the Advocate's Chamber Complex is overflowing into the premises of the Ram Mohan Palace.

The Court orally questioned the standing counsel for the PCB, “PCB engineer who said that the effluent treatment plant at the Chamber Complex is working perfectly, something must be done as far as he is concerned…water is flowing into the compound of the Ram Mohan Palace... Prior to the cleaning that took place in High Court, we went and visited the area, yesterday also we visited. Water is overflowing, entire area is stinking…What have you as Pollution Control Board done?”

It was told that the Board had taken water samples from the area. However, the Court was not ready to accept it as an effective action.

It asked the Board to file an affidavit in this regard and to take steps regarding the STPs in the High Court compound and Chamber complex.

It orally chastised:

“Your offices are taking it very lightly. We are surprised that despite directions issued by this court, you have not done anything…Despite directions issued by this Court, you have not acted at all. Except for collecting…for the sake of it. For saving your face, you collect some samples and conduct a test. Thereafter, you don't do anything… Let your engineer file an affidavit as to what has been done. Produce the documents also. Let him issue direction as to what they should do and regarding this overflow also. Treated water cannot flow into the High Court compound. It can't flow into the Chamber premises also. This is going to affect thousands of lawyers. Their health is going to be affected.”

As requested by the Court, the President of the High Court Advocates Association also appeared before it. It asked him to take measures as suggested by the Board to resolve the issue.

To the Board, it said, “Now your offices must inspect and give a report. Whatever steps they have to take, please intimate them. Should not be just an eye wash. Now the President is here. He says he will take care of it. It has to be, because it is happening right under our noses.”

It then outlined the issue of waste being brought into the High Court complex using bags and being dumped in the toilets. It told that the KHCAA might have to take up sessions to instill civic sense in lawyers as well.

The Court orally suggested, “As an association, you should start sessions on civic sense for lawyers also. We are now doing it for children in Samvada programme. We will probably have to start something for the lawyers as well as the staff here.”

The case will be taken up on November 14 (Friday) next.

Case No: WP(C) 7844/2023

Case Title: Suo Motu v. State of Kerala