Kerala High Court
P Prema Kumar vs Travancore Devaswom Board - Tdb on 24 May, 2022
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 24th day of May 2022 / 3rd Jyaishta, 1944
WP(C) NO. 12852 OF 2021(F)
PETITIONER:
P PREMA KUMAR,THOTTUMKARA MADOM, WESTERN GATE, AMBALAPPUZHA P.O-688
561
RESPONDENTS:
1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECREETARY,
NANTHANCODE, THIRUVANANTHAPURAM 695 003
2. THE DISTRICT COLLECTOR, ALAPPUZHA-688 001
3. PRINCIPAL CHIEF CONSERVATOR OF FORESTS (HEAD OF FOREST FORCE) FOREST
HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014
4. THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, ALAPPUZHA, KERALA
688 012
5. COMMISSIONER,TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM 695 003
6. DISTRICT COMMITTEE CONSTITUTED UNDER KERALA CAPTIVE ELEPHANTS
(MANAGEMENT AND MAINTENANCE RULES), REPRESENTED BY ITS CHAIRMAN AND
DISTRICT COLLECTOR, ALAPPUZHA 688 001
7. G. BAIJU, DEPUTY COMMISSIONER, TRAVANCORE DEVASWOM BOARD, HARIPPAD
690 514
8. DR. SASEENDRADEV.RETIRED VETERINARY SURGEON, S/O. PANDIT
NARAYANADEV, SREENIKETHAN, MUTTAMBALAM P.O, KANJIKKUZHI,KOTTAYAM 686
004
9. K. MANOJ KUMAR, ADMINISTRATIVE OFFICER, AMBALAPPUZHA SREEKRISHNA
SWAMY TEMPLE, ALAPPUZHA 688 561
10. PRADEEP,1ST MAHOUT OF AMBALAPPUZHA VIJAYAKRISHNAN, AMBALAPPUZHA
DEVASWOM, AMBALAPPUZHA 688 561
11. AJEESH, 2ND MAHOUT OF AMBALAPPUZHA VIJAYAKRISHNAN, AMBALAPPUZHA
DEVASWOM, AMBALAPPUZHA 688 561
12. ADDL.R12: STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
13. ADDL.R13: COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,ROUND
NORTH, THRISSUR - 680001
14. ADDL.R14: MALABAR DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER &
SECRETARY, HOUSE FED COMPLEX, ERANHIPPALAM P.O., KOZHIKODE - 673006.
15. ADDL.R15: GURUVAYUR DEVASWOM MANAGING COMMITTEE, REPRESENTED BY ITS
ADMINISTRATOR, OFFICE OF THE MANAGING COMMITTEE, SREEPADMAM, EAST
NADA, GURUVAYUR, THRISSUR, PIN - 680101.
16. ADDL.R16: SREE KOODAL MANIKYAM DEVASWOM, REPRESENTED BY ITS
ADMINISTRATOR, OFFICE OF SREE KOODALMANIKYAM DEVASWOM, IRINGALAKUDA,
THRISSUR DISTRICT, PIN - 680121. ADDL. R12 TO R16 ARE SUO MOTU
IMPLEADED AS PER ORDER DATED 24.05.2022.
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 direct the respondents 1 & 6 to produce all the records relating to
the management, maintenance and death of the tusker Ambalappuzha Vijayakrishnan
including the report of the Forest department on the death of the tusker
containing the post mortem certificate forthwith pending disposal of the Writ
Petition.
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 08.04.2022
and upon hearing the arguments of M/S R.KRISHNA RAJ, E.S.SONI & KUMARI
SANGEETHA S.NAIR Advocates for the petitioners, SRI.G.BIJU, STANDING COUNSEL
for the respondent 1 & 5 and of GOVERNMENT PLEADER for the respondents 2,3,4 &
6, M/S.K.R.SUNIL, AISWARYA VENUGOPAL, KRISHNA SURESH & EASHWARY.V ADVOCATES for
the respondent 7, SRI.N.MAHESH, ADVOCATE for the respondent 8, M/S.K.SASIKUMAR
& S.ARAVIND, ADVOCATE for the respondent 9 M/S. BOBBY GEORGE & JOY C. PAUL,
Advocates for the respondent 10 and of SRI.T.P.PRADEEP & SMT.MINIKUMARY M.V.
Advocates for the respondent 11, the court passed the following:
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C)No.12852 of 2021
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Dated this the 24th day of May, 2022
ORDER
Anil K. Narendran, J.
The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking an order to constitute a high level committee to enquire into the death of an elephant by name 'Ambalapuzha Vijayakrishnan' owned by the 1st respondent Travancore Devaswom Board, which died on 08.04.2021. The petitioner has also sought for a writ of mandamus commanding the 1st respondent Board to initiate strict action against respondents 7 to 11 for the unnatural death of the said elephant; and a writ of mandamus commanding the 1st respondent Board to appoint qualified Veterinary Surgeons.
2. On 04.04.2022, when this writ petition came up for consideration this order passed an order. Paragraphs 14 and 15 of the said order read thus:
"14. The Kerala Captive Elephants (Management and Maintenance) Rules, 2012 is one made by the State in exercise of the powers conferred by sub-section (2) of Section 64 of the Wildlife (Protection) Act, 1972. In view of the statutory provisions referred to hereinbefore and W.P.(C)No.12852 of 2021 2 also the law laid down by this Court in Sree Kumar [2005 (1) KLT 43] we deem it appropriate to direct all concerned to ensure strict compliance of the provisions under the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, while parading elephants in connection with temple festivals, functions, etc. The provisions under Rule 10 of the said Rules shall be complied with in letter and spirit by all concerned and any person, who contravenes the provisions of the said Rules, shall be dealt with appropriately, as provided under Section 51 of the Wildlife (Protection) Act.
15. The learned Standing Counsel for Travancore Devaswom Board shall get instructions as to the criteria that has been followed while allotting elephants for festivals in the temples under the management of the Board, since parading of large number of elephants is the practice followed during annual festival in most of the major temples under the Devaswom."
3. The said order was followed by order dated 08.04.2022 whereby in addition to the directions contained in the order dated 04.04.2022, this Court directed all concerned to scrupulously follow the conditions in the circular dated 22.10.1998 and the proceedings dated 23.10.2000, insofar as it relates to the number of elephants paraded in the festivals in the temples under the management of Travancore Devaswom Board.
W.P.(C)No.12852 of 20213
4. Considering the issues involved in this writ petition, we deem it appropriate to implead the State of Kerala; Cochin Devaswom Board; Malabar Devaswom Board; Guruvayur Devaswom Managing Committee; and Koodalmanikyam Devaswom as additional respondents.
5. Accordingly, (1) State of Kerala represented by the Secretary to Government, Forest and Wildlife Department, Government Secretariat, Thiruvananthapuram- 695 001; (2) Cochin Devaswom Board represented by its Secretary, Round North, Thrissur-680 001; (3) Malabar Devaswom Board, represented by its Commissioner & Secretary, Housefed Complex, Eranhippalam P.O., Kozhikode- 673 006; (4) Guruvayur Devaswom Managing Committee represented by its Administrator, Office of the Managing Committee, Sreepadmam, East Nada, Guruvayur, Thrissur, Pin-680 101; and (5) Sree Koodalmanikyam Devaswom, rep. by its Administrator, Office of Sree Koodalmanikyam Devaswom, Irinjalakuda, Thrissur District, Pin-680 121, are suo motu impleaded as additional respondents 12 to 16 in this writ petition.
W.P.(C)No.12852 of 20214
6. Registry to carry out necessary corrections in the cause title.
7. The learned Standing Counsel for the respective Devaswom enters appearance for additional respondents 13 to 16.
8. The learned counsel for the petitioner to serve a copy of this writ petition to the learned Standing Counsel for the respective Devaswoms.
List on 21.06.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE MIN 24-05-2022 /True Copy/ Assistant Registrar