Kerala High Court
In Re Captive Elephants vs Union Of India on 4 December, 2024
Bench: A.K.Jayasankaran Nambiar, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 4th day of December 2024 / 13th Agrahayana, 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
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 28/11/2024 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, 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:
DR.A.K.JAYASANKARAN NAMBIAR & GOPINATH P., JJ.
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W.P.(C)No.31520 of 2024
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Dated this the 4th day of December, 2024
ORDER
Dr.A.K. Jayasankaran Nambiar, J.
This special sitting was convened today (4.12.2024) in the wake of reports that we received regarding an alleged violation of the directions issued by us on 13.11.2024. The Thripunithura Sree Poornathrayeesha Temple festival commenced on 29.11.2024 and will end on 6.12.2024. We are informed that, as part of the festival, fifteen (15) elephants were paraded by strictly adhering to the distance norms prescribed by us in our order dated 13.11.2024, on the first day of the festival, i.e., 29.11.2024. However, on 2.12.2024, i.e. the fourth day of the festival, for the 'Thriketta procession', the temple authorities allegedly occasioned a complete violation of the directions issued by this Court. We are informed that the elephants were paraded for a period of 5 ½ hours between 7.30 p.m. and 12.30 a.m. and also kept within distances less than three metres between two elephants. Apparently, even the distance that was to be maintained between the elephant and the flambeaus was not maintained. We are further informed that, although the violations were brought to the notice of Mr. Raghu Raman, the Devasom Officer of the Thripunithura Poornathrayeesha Temple, he was not ready to take any W.P.(C)No.31520/2024 2 remedial steps to comply with the directions. The report from which we have gathered the above information is signed by the District Collector, who is the Chairman of the District Monitoring Committee, Ernakulam and we have no reason to disbelieve its correctness.
2. Under the circumstances, we deem it appropriate to direct Mr. Raghu Raman, Devasom Officer, Thripunithura Sree Poornathrayeesha Temple to file an affidavit before this Court giving his explanations for the lapses stated to have been occasioned on his part, and showing cause therein as to why further action should not be initiated against him, including under the provisions of the Contempt of Court Acts and Rules.
The affidavit of the Devasom Officer shall be filed before this Court on or before 9.12.2024 and the registry shall post this case before us at 3.30 p.m. on 11.12.2024.
sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE sd/-
GOPINATH P. JUDGE acd 04-12-2024 /True Copy/ Assistant Registrar