Kerala High Court
Sangita Iyer vs Guruvayur Devaswom on 4 March, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
WP(C) No.16514/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Tuesday, the 4th day of March 2025 / 13th Phalguna, 1946
WP(C) NO. 16514 OF 2023(J)
PETITIONER:
SANGITA IYER AGED 61 YEARS D/O MR. K. ANANTHARAMAN AND K.S.
MEENAKSHI, PERMANENTLY RESIDING IN TORONTO CANADA, PRESIDENT, VOICE
FOR ASIAN ELEPHANTS SOCIETY, 60 PAVANE LINKWAY, UNIT 709, TORONTO,
ON, CANADA M3C 1A1, REPRESENTED BY HER POWER OF ATTORNEY ALINA ANNA
KOSE, D/O KOSE MATHEW, AGED 25 YEARS, RESIDING AT PATLAT HOUSE, WEST
VENGOLA P.O, PERUMBAVOOR, ERNAKULAM, PIN - 683556
RESPONDENTS:
1. GURUVAYUR DEVASWOM REPRESENTED BY ITS SECRETARY, GURUVAYUR DEVASWOM,
GURUVAYUR, THRISSUR *CORRECTED *DETAILS OF R1 CORRECTED AS
GURUVAYUR DEVASWOM MANAGING COMMITTEE, REPRESENTED BY ITS
ADMINISTRATOR, GURUVAYUR, THRISSUR, PIN - 680101
2. STATE OF KERALA CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM
FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM * CORRECTED
*DETAILS OF R2 CORRECTED AS STATE OF KERALA, REPRESENTED BY THE
CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695014
3. SECRETARY FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM * CORRECTED *DETAILS OF R3 CORRECTED AS
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, KERALA FORESTS AND
WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695014
4. SECRETARY DEPARTMENT OF DEVASWOM, SECRETARIAT, THIRUVANANTHAPURAM *
CORRECTED *DETAILS OF R4 CORRECTED AS ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695014
5. CHIEF WILD LIFE WARDEN AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS
FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM * CORRECTED
*DETAILS OF R5 CORRECTED AS PRINCIPAL CHIEF CONSERVATION OF FORESTS
(WILDLIFE) AND CHIEF WILDLIFE WARDEN, FOREST HEADQUARTERS,
VAZHUTHACUAD, THIRUVANANTHAPURAM - 695014 DETAILS OF R1 TO R5 SUO
MOTU CORRECTED AS PER ORDER DATED 25-05-2023., PIN - 695014
6. ANIMAL WELFARE BOARD OF INDIA NATIONAL INSTITUTE OF ANIMAL WELFARE
CAMPUS, DELHI-AGRA HIGHWAY, NH-2,VILLAGE-SEEKRI, BALLABHGARH,
FARIDABAD, HARYANA. REPRESENTED BY ITS SECRETARY, PIN - 121004
7. THE DIRECTOR DEPARTMENT OF MUSEUMS AND ZOOS, MUSEUM AND ZOO CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
8. CENTRAL ZOO AUTHORITY OF INDIA B1 WING, 6TH FLOOR, PT.
DEENDAYALANTHODAYA BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI.
WP(C) No.16514/2023 2/3
REPRESENTED BY ITS MEMBER SECRETARY, PIN - 110003
9. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAWAN JORBAGH ROAD, NEW DELHI, PIN - 110003
10. ADDL R10. THE DEVASWOM COMMISSIONER GURUVAYUR DEVASWOM, GURUVAYUR,
THRISSUR - 680101
11. ADDL R11. LIVE STOCK MANAGER GURUVAYUR DEVASWOM, GURUVAYUR, THRISSUR
- 680101 ADDITIONAL RESPONDENTS 10 AND 11 SUO MUTO IMPLEADED AS PER
ORDER DATED 25-05-2023
12. ADDL. R12. THE ASSISTANT CONSERVATION OF FOREST, THRISSUR SOCIAL
FORESTRY, PALACE ROAD, CHEMBUKAVU.P.O., THRISSUR - 680020 (SUO MOTU
IMPLEADED AS PER ORDER DATED 25-08-2023 IN WPC 16514/2023)
13. ADDL.R13. THE DEPUTY ADMINISTRATOR (LIVESTOCK) GURUVAYUR DEVASWOM,
GURUVAYUR, THRISSUR, PIN - 680101 ((SUO MOTU IMPLEADED AS PER ORDER
DATED 30-09-2023 IN WPC 16514/2023)
14. ADDL.R14.THE RANGE FOREST OFFICER SOCIAL FORESTRY
RANGE,CHEMBUKAVU,THRISSUR-680020
15. ADDL.R15.DIVISIONAL FOREST OFFICER FLYING SQUAD DIVISION, SONIA
NAGAR,PALARIVATTOM,ERNAKULAM-682025 ( ADDITIONAL R14 AND R15 SUO
MOTU IMPLEADED AS PER ORDER DATED 09/02/2024)
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
a. To provide proper hygiene of the place by prompt removal and
cleaning of filth and refuse from the premises and keeping the area used
for housing of the elephants clean at all times, and to ensure that the
elephants don't have to stand in their own refuse;
b. To Lengthen and loosen chains of elephants and install a one-inch
thick rubber/ canvas (or other soft padding) sheathing below the chain and
of tethered elephants to prevent the chain from cutting into the flesh of
elephants
c. To provide properly diverse diet to the elephants appropriate for
their health and nutritional needs based on expert scientific opinion and
studies on the same;
d. To identify and retire those elephants that are aged, or are not
being used by the temple in a rehabilitation center, where they can roam
freely in an open enclosure chain-free;
e. To provide proper environmental enrichment for each elephant and
to provide facility for proper exercise and movement for the elephants and
to maintain a log book for the same.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
27.02.2025 and upon hearing the arguments of M/S. M.R.HARIRAJ (SENIOR
ADVOCATE), THANUJA ROSHAN, VISWAJITH C.K, GISHA G. RAJ, REJIVUE K.C.,
WP(C) No.16514/2023 3/3
VIDYA A.K, AKHILA S., MEGNA MARIYAM M., GAYATRI VISWANATHAN, Advocates for
the petitioner, STANDING COUNSEL for the respondents 1 and Addl R10 and
R11, SRI S RAJMOHAN, SENIOR GOVERNMENT PLEADER for the respondents 2 and
4, SRI NAGARAJ NARAYANAN, SPECIAL GOVERNMENT PLEADER (FOREST) for the
respondents 3, 5,7,12,14 and 15, SRI. JAYASANKAR.V.NAIR, CENTRAL
GOVERNMENT COUNSEL for R6, SMT.N.S.DAYA SINDHU, SHREE HARI N.S., CENTRAL
GOVERNMENT COUNSEL for the respondents 8 and 9 and of
SRI.K.P.SREEKUMAR(SENIOR ADVOCATE), ADVOCATE COMMISSIONER, the court
passed the following:
ORDER
The learned Standing Counsel for Guruvayur Devaswom Managing Committee would submit that an affidavit sworn to by the Devaswom Administrator is being filed today.
List on 18-03-2025.
Sd/- ANIL K.NARENDRAN JUDGE Sd/- MURALEE KRISHNA S. JUDGE 04-03-2025 /True Copy/ Assistant Registrar