Kerala High Court
In Re Captive Elephants vs Union Of India on 13 January, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
Monday, the 13th day of January 2025 / 23rd pousha, 1946
WP(C) NO. 31520 OF 2024(S)
IN RE CAPTIVE ELEPHANTS
(SUO MOTU) PUBLIC INTEREST LITIGATION PROCEEDINGS INITIATED BY THE HIGH
COURT IN THE MATTER OF EXECUTIVE AND LEGISLATIVE INACTION OF THE STATE
GOVERNMENT IN THE MATTER OF PROTECTION OF ANIMAL RIGHTS
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF
FISHERIES, ANIMAL HUSBANDRY AND DAIRYING DEPARTMENT OF ANIMAL
HUSBANDRY AND DAIRYING, GOVERNMENT OF INDIA, KRISHI BHAVAN, NEW
DELHI, PIN 110 001
2. THE ANIMAL WELFARE BOARD OF INDIA, REPRESENTED BY ITS CHAIRMAN,
NATIONAL INSTITUTE OF ANIMAL WELFARE CAMPUS P.O., 42K STONE,
DELHI-AGRA HIGHWAY, NH-2, VILLAGE -SEEKRI, HARYANA, PIN 121004
3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
THIRUVANANTHAPURAM, PIN 695036
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, ANIMAL HUSBANDRY
DEPARTMENT, THIRUVANANTHAPURAM, 695036
5. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM, 695036
6. THE KERALA STATE ANIMAL WELFARE BOARD, THIRUVANANTHAPURAM , PIN
695036
7. THE KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE,
LAKKIDI P.O., WAYANAD, PIN 673 576
8. THE STATE POLICE CHIEF, KERALA, THIRUVANANTHAPURAM,PIN 695010
9. ANGELS NAIR, GEN. SECRETARY, ANIMAL LEGAL FORCE INTEGRATION, AGED
54 YEARS, KAPPILLIL HOUSE, PULLUVAZHY P.O., PERUMBAVOOR, ERNAKULAM
DIST., PIN-683 541.
10. M.N.JAYACHANDRAN, AGED 63 YEARS, S/O K.NARAYANAN NAIR, RESIDING
AT MUNDAMATTOM HOUSE, THODUPUZHA P.O., IDUKKI, 685 584
11. UNION OF INDIA, REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST
AND CLIMATE CHANGE (FOREST AND WILD LIFE DIVISION, PROJECT
ELEPHANT), NEW DELHI-110003
12. RADHAKRISHNAN, PANANCHERRY HOUSE, PAYYAPPILLY MOOLA, PUTHUR,
THRISSUR, 680014
13. GANESAN, S/O RADHAKRISHNAN, PANANCHERRY HOUSE, PAYYAPPILLY MOOLA,
PUTHUR, THRISSUR, 680014
14. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS & HEAD OF FOREST FORCE
FOREST HEAD QUARTERS, VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM, 695014
P.T.O.
15. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) & CHIEF
WILDLIFE WARDEN (KERALA), FOREST HEAD QUARTERS, THYCAUD P.O.,
THIRUVANANTHAPURAM, 695014
16. ANEESH MATHEW, AGED 47 YEARS, S/O. MATHEW, RESIDING AT
VENGALISHERRIL VEEDU, CHINNAKANAL PANCHAYAT, UDUMBANCHIRA TALUK,
MUNNAR, PIN :685 618.
17. M/S WALKING EYE FOUNDATION FOR ANIMAL ADVOCACY, REG.NO. 48/2022,
REG.OFFICE AT II/263 A, KAIPARAMBU, THRISSUR DISTRICT, KERALA
STATE, 680546 REPRESENTED BY ITS FOUNDER AND MANAGING TRUSTEE,
VIVEK K.VISWANATH, AGED 31 YEARS, S/O K.V.ACHUTHAN, HAVING A
PERMANENT ADDRESS AT KURUNELLIPARAMBIL HOUSE, KAIPARAMBU P.O.,
THRISSUR 680546
18. V. K. VENKITACHALAM, AGED 73 YEARS, S/O LATE V. N KRISHNA IYER,
RESIDING AT PATTAMALI MADOM, T.C. 35/571, THIRUVAMBADI P.O. , PIN-
680 022.
19. P.PRAVEEN, S/O PARAMESWARAN, MANGALAMKUNNU ANGADI, KATTUKULAM P.O,
PALAKKAD 679 514
20. RAJENDRAKUMAR P., AGED 56 YEARS, S/O GOPALAKRISHNAN, PUTHAN
VEEDU, CHERUPULASSERY, PALAKKAD 679503
21. ABDUL NASAR, AGED 64 YEARS,S/O ABOOBAKAR, KOLAKKADAN HOUSE,
KIZHUPURAMBA P.O., MALAPPURAM DISTRICT[IMPLEADED AS PER ORDER
DATED 06.09.2024 IN IA 10/24 IN WP(C)]
22. V.SHAJI, S/O.VISWAMBHARAN,KAVERI,KOLLAM,691302[SUO MOTU IMPLEADED
AS ADDL.R22 AS PER ORDER DATED 27.09.2024 IN WP(C)]
23. HRITHWIK D. NAMBOOTHIRI, PALLERI MANA, ULIYANNOOR P.O, ALUVA
[IMPLEADED AS ADDL. R23 AS PER ORDER DATED 27.09.2024 IN
I.A.25/2024 IN WP(C)]
24. M/S KERALA ELEPHANT OWNERS FEDERATION, REPRESENTED BY ITS GENERAL
SECRETARY IN CHARGE RAVINDRANATHAN, AGED 65, S/O SIVARAMAN NAIR,
USHASREE, ETTUMANOOR P O, KOTTAYAM DISTRICT [IMPLEADED AS ADDL.R24
AS PER ORDER DATED 25.10.24 IN IA 28/24 IN WP(C)]
25. THIRUVAMBADY DEVASWOM, THIRUVAMBADY DEVASWOM OFFICE,THIRUVAMBADY
DEVASWOM BUILDING,ROUND WEST,THRISSUR,PIN-680001,REPRESENTED BY
ITS SECRETARY
26. PARAMEKKAVU DEVASWOM ,PARAMEKKAVU DEVASWOM BUILDING, ROUND EAST,
THRISSUR,PIN 680001,REPRESENTED BY ITS SECRETARY[ADDL.R25 & R26
IMPLEADED AS PER ORDER DATED 05.11.2024 IN IA 13/24 IN WP(C)]
27. KERALA FESTIVAL COORDINATION COMMITTEE, REPRESENTED BY ITS
PRESIDENT, RAJESH PALLATT, AGED 51 YEARS, S/O P R BHASKARAN
PILLAI, PALLATTU HOUSE, MELAMPARA P.O., KOTTAYAM -
686578.[ADDL.R27 IMPLEADED AS PER ORDER DATED 05.11.2024 IN IA
29/24 IN WP(C)]
28. RAGI SREEVALSAN, MANAGING PARTNER,SREE MAHESHWAR GROUP,
ANNAMANADA,THRISSUR,680741[ADDL.R28 IMPLEADED AS PER ORDER DATED
05.11.2024 IN WP(C)]
P.T.O.
ADDL.R29-R32 IMPLEADED
29.THE TRAVANCORE DEVASWOM BOARD ,NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM 695003, REPRESENTED BY ITS SECRETARY
30.THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR,
KERALA,REPRESENTED BY ITS SECRETARY
31.THE MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALLAM P.O,
ERANHIPALLAM, KOZHIKODE,REPRESENTED BY ITS SECRETARY.
32.THE GURUVAYOOR DEVASWOM BOARD, GURUVAYOOR,
THRISSUR-680 101,REPRESENTED BY ITS ADMINISTRATOR *ADDITIONAL R29 TO
R32 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 13.11.2024 IN WP(C) 31520/24
ADDL.R33 IMPLEADED
33. M/S. PEOPLE FOR ANIMAL TRIVANDRUM CHAPTER,
REPRESENTED BY ITS SECRETARY LATHA.I, AGED 53 YEARS,
D/O. K.GOPALAKRISHNAN NAIR, RESIDING AT TC 21/1030,
ARATHY, KOZHIYOD LANE, PALKULANGARA,
THIRUVANANTHAPURAM, PIN - 695 024.
ADDL.R33 IS IMPLEADED AS PER ORDER DATED 11/12/2024
IN IA 50/2024 IN WP(C) 31520/2024.
ADDL.R34 IMPLEADED
34. RAVI MANOHAR, AGED 68 YEARS, S/O N.RAMAN NAIR,
THE SECRETARY OF MANARKAT BHAGAVATHY DEVASWOM BHARANA SAMITHI
WITH REGISTRATION NO. K/178/90 MANARKAT, KOTTAYAM,
PIN - 686 019.
ADDL.R34 IS IMPLEADED AS PER ORDER DATED 11/12/2024
IN IA 54/2024 IN WP(C) 31520/2024.
ADDL.R35 IMPLEADED
35. PREETHI SREEVALSAN, AGED 45 YEARS, D/O.DR.B.SREEVALSAN,
RESIDING AT TC V/608, CHERUMUKKU TEMPLE ROAD,
CHEMBUKKAVU, THRISSUR - 680 020.
ADDL.R35 IS IMPLEADED AS PER ORDER DATED 11/12/2024
IN IA 56/2024 IN WP(C) 31520/2024.
P.T.O.
This suo motu writ petition coming again on for orders upon perusing the petition
and the affidavit filed in support of WP(C), this Court's order dated 19/12/2024 and
upon hearing the arguments of DEPUTY SOLICITOR GENERAL OF INDIA-in-Charge,
SRI.JAISHANKAR V.NAIR & SRI.ACHUTH KRISHNAN R., CGC for R1, R2 & R11, SRI.ASOK
M.CHERIAN, ADDL. ADVOCATE GENERAL, SRI.T.A.SHAJI, DIRECTOR GENERAL OF PROSECUTION,
SRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR & T.S.SHYAM PRASANTH, GOVERNMENT PLEADER for
R3 to R6 & R8,M/S. AYSHA YOUSEFF, MANU GOVIND, Standing Counsels for R7, ANGELS
NAIR(AS Party-in-Person, R9), SRI.M.R.HARIRAJ (SENIOR ADVOCATE) a/w M/s.GANGA
A.SANKAR, REJIVUE K.C., THANUJA ROSHAN, CHACKOCHEN VITHAYATHIL, VISHNU RAJAGOPAL,
VISWAJITH C.K, GISHA G. RAJ, ALINA ANNA KOSE, KARTHIKA GANESH, P.I.RAHEENA, VISHNU
PRASAD N.K. & SANDHRA MARIA SEBASTIAN, Advocates for R10, M/S. V.M.KRISHNAKUMAR &
P.S.SIDHARTHAN, Advocates for R12 & R13, SPECIAL GOVERNMENT PLEADER (FOREST) for R14
& R15, M/s. K.SANDESH RAJA, DENU JOSEPH, ASWIN T SURESH & MUHISEENA.V.Z, Advocates
for R16, SMT.DHANYA P.ASHOKAN (SENIOR ADVOCATE) a/w M/S. GAYATHRI MURALEEDHARAN,
RAMAKRISHNAN M.N., ARATHY P., Advocates for R17, M/S. BHANU THILAK & S.R.PRASANTH,
Advocates for R18,SRI.P.K.SURESH KUMAR (SENIOR ADVOCATE) along with SMT. ANJALI
MENON, Advocates for R19, M/s.V.SREEJITH, MANSOOR.B.H. and SAKEENA BEEGUM, Advocates
for R20, M/S. SHANKAR V., T.H.ABDUL AZEEZ, MOHAMMED SADIQUE.T.A, K.P.MAJEED and
K.M.MOHAMMED YUSUFF, Advocates for R21, P.B.KRISHNAN (SENIOR ADVOCATE) a/w
M/s.P.B.SUBRAMANYAN, SABU GEORGE, B.ANUSREE & MANU VYASAN PETER, Advocates for R22,
SRI.HRITHWIK D. NAMBOOTHIRI,(AS PARTY-in-PERSON,R23),SRI.G.SREEKUMAR (CHELUR),
Advocate for R24, SRI.N.K.SUBRAMANIAN,Advocate for R25 & R26, M/s.RENJITH B.MARAR,
BASIL CHANDY VAVACHAN,BASIL SAJAN,FATHIM NAVAS,KAVYA RANI JAYAPRAKASH ,LEKSHMI PRIYA
V.,ANJANA V.,BASIL SCARIA,CHARUTHA BHAIJU and CHANDHANA BHAIJU, Advocates for R27,
SMT.ANJALI MENON, Advocate for R28, SRI.K.P.SUDHEER, STANDING COUNSEL for R30, M/S.
BHANU THILAK, S.R.PRASANTH, VISHNU.R, SARUN K. IDICULA, ATHIRA K. SASI & FATHIMA
RINSHA T.P., Advocates for Addl.R33, SRI.T.SETHUMADHAVAN (SENIOR ADVOCATE) along
with M/S. K.SUJAI SATHIAN, PREETHI. P.V., MARY LIYA SABU, AISWARYA S. ASHOKAN,
NEERAJ KRISHNA KUMAR & AYISHA BASILA ASHARAF, Advocates for Addl.R34, M/S. ALINA
ANNA KOSE, P.I.RAHEENA, AKHILA S., VISHNU PRASAD N.K., KARTHIKA GANESH, NAYAN LAL A.
& SANDHRA MARIA SEBASTIAN, Advocates for Addl.R35, SENIOR ADVOCATE S.RAMESH BABU and
Adv.T.C.SURESH MENON, AMICI CURIAE and of SRI.RENJITH THAMBAN (SENIOR ADVOCATE), the
court passed the following:
P.T.O
DR. A.K.JAYASANKARAN NAMBIAR, J.
&
GOPINATH P., J.
-------------------------------
W.P.(C).NO.13275 OF 2019
&
W.P.(C).NO.31520 OF 2024
-----------------------------------
Dated this the 13th day of January, 2025
ORDER
Dr. A.K. Jayasankaran Nambiar, J.
Re: District-Wise Survey of Captive Elephants in the State
1. By our order dated 19.12.2024, we had directed the learned Special Government Pleader (Forests) to make available a District- wise list of District Collectors and Divisional Forest Officers (Social Forestry) identified for the purposes of conducting a survey of captive elephants held by private individuals/institutions in each District in the State and to submit a report to the Chief Wildlife Warden, whom we had designated as the supervising and co- ordinating authority in respect of the said exercise. By a memo filed on 07.01.2025, the Additional Principal Chief Conservator of Forests (Administration) & Chief Wildlife Warden, Kerala has produced a District-wise list as sought for by us, and the details of the same are as under:
District Name of Designation PEN Contact No. e-mail Officer Ms. Anu District 862590 9447700222 dctvm.kerala.nic.in Kumari IAS Collector W.P.(C).No.13275/19 & :: 2 ::W.P.(C).No.31520/24
Mr. Saji S Nair Asst. 408039 9447979135 acf.sf-
Conservator of [email protected]
Trivandrum Forests (Social
Forestry)
Mr. Devidas District 381489 9447795500 [email protected]
N IAS Collector
Kollam Mr. Koshy Asst. 163823 9447979132 acf.sf-
John Conservator [email protected]
of Forests
(Social
Forestry)
Mr. Prem District 834695 9447029008 [email protected]
Krishnan S Collector
IAS
Pathanamthitta
Mr. Rahul B Asst. 665017 947979134 acf..sf-
Conservator [email protected]
of Forests
(Social
Forestry)
Mr. Alex District 126820 9447129011 [email protected]
Varghese IAS Collector
Alappuzha Ms. Sumi Asst. 402637 9447979131 acf.sf-
Joseph Conservator [email protected]
of Forests
(Social
Forestry)
Mr. John V District 125811 9447029007
Samuel IAS Collector
Kottayam Mr. Subhash Asst. 658632 9447979133 acf.sf-
KB Conservator [email protected]
of Forests
(Social
Forestry)
Ms. V District 814567 9447132252 [email protected]
Vighneswari Collector
IAS
Idukki
Mr. Vipin Das Asst. 626955 9447979142 acf.sf-
PK Conservator [email protected]
of Forests
(Social
Forestry)
Mr. Umesh District 776070 9447729012 dcekm.kerala.nic.in
W.P.(C).No.13275/19
& :: 3 ::
W.P.(C).No.31520/24
NSK IAS Collector
Ernakulam
Mr. Fen Asst. 395199 9447979141 acf.sf-
Antony Conservator [email protected]
of Forests
(Social
Forestry)
Mr. Arjun District 834524 9447129013 tsrcoll.ker.nic.in
Pandian IAS Collector
Thrissur Mr. Manoj K Asst. 161799 9447979144 acfsftsr609@gmail.
Conservator com,
of Forests acf.sf-
[email protected]
(Social
Forestry)
Dr. Chithra S District 719240 04912505309 pkd-
IAS Collector [email protected] .in
Ms. Sumu Asst. 679525 9447979143 acf.sf-
Sakariah Conservator [email protected]
Palakkad of Forests
(Social
Forestry)
Mr. V.R. District 365194 9446539017 [email protected]
Vinod IAS Collector
Malappuram Mr. K A Asst. 163429 9447979154 acf.sf-
Mohamed Conservator [email protected]
Zainul of Forests
Abideen (Social
Forestry)
Mr. Snehil District 803437 9447171400 [email protected]
Kumar Singh Collector
IAS
Kozhikode
Ms. Asst. 408834 9447979153 acf.sf-
Sathyaprabha Conservator [email protected]
of Forests
(Social
Forestry)
Ms. District 862356 04936202230 dcwayanad@gmail.
Meghasree Collector com
D R IAS
Mr. Harilal Asst. 161658 9447979155 [email protected]
Wayanad MT Conservator
of Forests
(Social
W.P.(C).No.13275/19
& :: 4 ::
W.P.(C).No.31520/24
Forestry)
Mr. Arun K District 803627 [email protected]
Vijayan IAS Collector
Kannur Mr. Jose Asst. 161677 9447979151 acf.sf-
Mathew Conservator [email protected]
of Forests
(Social
Forestry)
Mr. Inbasekar District 777362 04994255010 [email protected]
K IAS Collector
Kasargode
Mr. Biju P Asst. 160763 9447979152 acfsfkasaragod@
Conservator gmail.com
of Forests
(Social
Forestry)
Taking note of the details now provided, we direct that the survey of captive elephants held by private individuals/institutions in each District be commenced forthwith so as to complete the exercise without fail on or before 15.02.2025. At the time of survey, the inspection team shall collect all such details relating to the elephant and its 'owner' as are mandated for the purposes of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, keeping in mind that the object of the survey is to identify an 'owner' who will be responsible for the maintenance and welfare of each captive elephant in the State, and accountable to the State for the behaviour/conduct of the captive elephant concerned. Since the necessity of ascertaining the ownership of the elephants in the State W.P.(C).No.13275/19 & :: 5 ::W.P.(C).No.31520/24
is a pre-requisite for granting permissions for parading elephants at temple festivals, as also to ensure accountability for any harm that may be caused to the general public by the elephant concerned, the Chief Wildlife Warden shall ensure that the survey in question is completed positively by 15.02.2025.
Re: The tragedy that unfolded at Tirur
2. During the last hearing we were informed of the incident that happened at Tirur in connection with the BP Angadi Nercha rituals conducted on 08.01.2025. The photographs now produced before us along with I.A.No.1 of 2025 in W.P.(C).No.13275 of 2019 and I.A.No.2 of 2025 in W.P.(C).No.31520 of 2024 reveal the gruesome nature of the incident. What has caused us greater concern however is that, while we had orally directed Sri.Nagaraj Narayanan, the learned Special Government Pleader to obtain an authentic report from the District Collector, Malappuram regarding the sequence of events that unfolded on the said date and his tentative findings regarding the reasons that led to to the death of one person who succumbed to the injuries caused by the elephant, and the injuries caused to over 29 persons consequent to the stampede that ensued, the District Collector, Malappuram has not W.P.(C).No.13275/19 & :: 6 ::
W.P.(C).No.31520/24
appreciated the seriousness of the issue and the urgency with which he was required to act. When the matter was called up today, the learned Special Government Pleader reports that the instructions given by the District Collector were lacking in material particulars and a clarification has been sought from him for the purposes of filing the report sought for by this Court. We re-iterate that the response of the District Collector to the directions issued from this Court leaves much to be desired and will not be tolerated by this Court especially when it comes in the immediate aftermath of the tragedy referred to above. The District Collector shall ensure that a comprehensive report is positively filed before this Court by 21.01.2025. Re: Necessity for a clarification regarding distances to be maintained while parading elephants at Festivals
3. In the light of the tragic incident that took place at Tirur on 08.01.2025 we feel it is now necessary to insist that the State Government, which is the rule-making authority under the Wild Life Protection Act that promulgated the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 [hereinafter referred to as the "2012 Rules"] should clarify what the term "sufficient space"
in Rule 10(4)(i) means by clearly specifying what distance has to be W.P.(C).No.13275/19 & :: 7 ::W.P.(C).No.31520/24
maintained between elephants, while being used in processions and parades. Alternatively, the State Government can indicate a formula or ratio that considers the number of elephants and the area of the premises where they are proposed to be paraded .
4. We are informed that our earlier order dated 13.11.2024 in W.P.(C).No.31520 of 2024 that directed that a minimum of 3 meters distance should be maintained between elephants being paraded at temple festivals has now been stayed by the order dated 19.12.2024 of the Supreme Court in S.L.P. (C).Nos.030389 - 030390 of 2024. We note, however, that the said order of the Supreme Court, while staying the aforesaid direction issued by us also directed that the provisions of the 2012 Rules shall be strictly complied with both in letter and spirit by the petitioners therein. A compliance with the 2012 Rules will be incomplete unless the organisers of the festivals and those parading the elephants at such festivals also comply with the Rule that requires them to maintain "sufficient space" between the elephants. On its part, the rule-making authority under the 2012 Rules also cannot hide behind the 'veil of ambiguity' in the Rules resulting from its silence as regards how the "sufficient space" is to be determined between elephants used in processions and parades. W.P.(C).No.13275/19
& :: 8 ::W.P.(C).No.31520/24
Having acknowledged the need for maintaining 'sufficient space' between elephants used in processions and parades in the statutory Rules, it ill behoves the rule-making authority to maintain a deafening silence at a time when a strict adherence to the Rules is mandated by the Supreme Court. We are also of the view that the State Government must specify the distance that should be maintained between elephants and the crowd during festivals because incidents such as the one that occurred in Tirur have necessarily to be avoided.
A clarification from the State Government on the above aspects will also serve to guide the District Committees and the festival organising committees in the matter of statutory compliance as mandated by the Supreme Court.
Re: Grant of permissions by the District Committees
5. In our order dated 13.11.2024, we had taken note of the directions given by the Supreme Court in its order dated18.08.2015 in WP (C ) No. 743/2014 mandating that all temples and Devaswoms had to get registered with the District Committee if they wanted to obtain permission to conduct elephant processions. The court had also granted a six-week extension of time for those temples already conducting elephant processions to complete the registration W.P.(C).No.13275/19 & :: 9 ::
W.P.(C).No.31520/24
process. Although we are told that the State Government had unilaterally extended this time limit till 31.05.2022 vide G.O. (MS) No. 19/2022/F&WLD dated 20.04.2022, we have not been shown any order that would suggest that the District Committee is empowered to grant fresh registrations to temples and Devaswoms after the cut off date prescribed by the Supreme Court in its order dated 18.08.2015 referred above. While so, we are now informed that the District Committee is entertaining applications for permission to parade elephants from temples and Devaswoms that are not registered with the District Committee. This, in our view is impermissible and would be in violation of the Supreme Court directions. Accordingly, we direct that the District Committee shall not entertain any application for permission to parade elephants from such temples/Devaswoms/organising committees as have not already been registered with the District Committee within the time permitted for the same by the order of the Supreme Court and Government Order referred above. Further, and on its part, the District Committees shall consider only applications from registered temples/Devaswoms/organising committees and grant permission for parading elephants only after ensuring that the elephants in question are fit for parading and that the provisions of the 2012 Rules will be W.P.(C).No.13275/19 & :: 10 ::W.P.(C).No.31520/24
strictly adhered to in letter and spirit by the applicant concerned. The District Committees shall also, while granting such permissions reiterate therein the requirements regarding food, transportation, rest and parading of the elephants and shall strictly monitor the same through the duration of the festival concerned.
Post these cases on 21.01.2025 at 2.00 p.m. Sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
GOPINATH P. JUDGE prp/14/1/25 13-01-2025 /True Copy/ Assistant Registrar