Kerala High Court
Sangita Iyer vs Guruvayur Devaswom on 30 January, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.16514/2023 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Tuesday, the 30th day of January 2024 / 10th Magha, 1945
WP(C) NO. 16514 OF 2023(L)
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, GURUVAYURDEVASWOM,
GURUVAYUR, THRISSUR-680101 (*CORRECTED). DETAILS OF R1 CORRECTED AS
GURUVAYUR DEVASWOM MANAGING COMMITTEE, REPRESENTED BY ITS
ADMINISTRATOR, GURUVAYUR, THRISSUR - 680101.
2. STATE OF KERALA, CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM
FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM PIN - 695014
(* CORRECTED). DETAILS OF R2 CORRECTED AS STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001,
3. SECRETARY, FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM PIN - 695014 (*CORRECTED). DETAILS OF R3
CORRECTED AS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, KERALA
FORESTS AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001
4. SECRETARY, DEPARTMENT OF DEVASWOM, SECRETARIAT, THIRUVANANTHAPURAM
PIN - 695014 (*CORRECTED) DETAILS OF R4 CORRECTED AS ADDITIONAL
CHIEF SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001,
5. CHIEF WILD LIFE WARDEN AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
FOREST HEADQUARTERS, VAZHUTHACUAD, THIRUVANANTHAPURAM PIN - 695014
(*CORRECTED).DETAILS OF R5 CORRECTED AS PRINCIPAL CHIEF CONSERVATOR
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.)
6. ANIMAL WELFARE BOARD OF INDIA, NATIONAL INSTITUTE OF ANIMAL WELFARE
CAMPUS, DELHI-AGRA HIGHWAY, NH-2,VILLAGE-SEEKRI, BALLABHGARH,
FARIDABAD, HARYANA.PIN - 121004, REPRESENTED BY ITS SECRETARY,
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.
REPRESENTED BY ITS MEMBER SECRETARY, PIN - 110003
WP(C) No.16514/2023 2/6
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 CONSERVATOR 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)
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 intothe 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
05-12-2023 and upon hearing the arguments of M/S. M.R.HARIRAJ, THANUJA
ROSHAN, VISWAJITH C.K, GISHA G. RAJ, REJIVUE K.C., VIDYA A.K, AKHILA S.,
MEGNA MARIYAM M., GAYATRI VISWANATHAN, Advocates for the petitioner,
STANDING COUNSEL for the respondents 1 and Addl R11, SRI S RAJMOHAN,
SENIOR GOVERNMENT PLEADER for the respondents 2, 4 and Addl R10, SRI
NAGARAJ NARAYANAN, SPECIAL GOVERNMENT PLEADER (FOREST) for the respondents
3, 5 & 7 and 12, SRI. JAYASANKAR.V.NAIR, CENTRAL GOVERNMENT COUNSEL for
R6, SRI.S.MANU,DEPUTY SOLICITOR GENERAL of INDIA for the respondents 8 & 9
WP(C) No.16514/2023 3/6
and of SRI.K.P.SREEKUMAR,SENIOR ADVOCATE, ADVOCATE COMMISSIONER ,the court
passed the following:
WP(C) No.16514/2023 4/6
ANIL K. NARENDRAN & G. GIRISH, JJ.
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W.P.(C)No.16514 of 2023
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Dated this the 30th day of January, 2024
ORDER
Anil K. Narendran, J.
On 05.12.2023, when this writ petition came up for consideration, this Court directed the learned Standing Counsel for the 6th respondent Animal Welfare Board of India to get instructions with specific reference to the averments in paragraphs 8 and 9 of the affidavit filed in support of I.A.Nos.1 and 2 of 2023.
2. Today, when this matter is taken up for consideration, the learned Special Government Pleader (Forests) would point out the order of the Apex Court dated 04.05.2016 in I.A.Nos.25 & 27 of 2016 in Writ Petition (Civil)No.743 of 2014. The operative portion of that order reads thus;
"Having heard the learned counsel for the parties, we think it appropriate that the submission raised in both the interlocutory applications shall be dealt with while dealing with the three submissions that have been raised by Mr.Sundaram, learned senior counsel appearing on behalf of the Animal Welfare Board. While we are of the view that the said issues raised shall be dealt with at the final stage of hearing, we think it apt to direct that the State Government shall not issue any ownership certificate to any of the persons in possession of elephants. That apart, the persons who are in possession of elephants shall not transfer the elephants outside the State nor shall they part with the elephants by way of transfer in any manner. If any ownership certificate has been issued in the meantime, the same shall be withdrawn subject to the final verdict of this Court."WP(C) No.16514/2023 5/6 2 W.P.(C)No.16514 of 2023
3. The submission of the learned Special Government Pleader (Forests) is that on account of the aforesaid order of the Apex Court, the applications, 18 in number, made by the Guruvayur Devaswom Managing Committee for ownership certificate are kept pending.
4. The learned Standing Counsel for Guruvayur Devaswom Managing Committee would point out another order of the Apex Court dated 12.05.2023 in W.P.(C)No.1212 of 2021, whereby a High Power Committee has been appointed.
5. Ext.P3 report of the 6th respondent Animal Welfare Board of India on the welfare and veterinary status of captive elephants at Punnathur Kotta of Guruvayur Devaswom was based on a complaint received by the Board, which is evident from Annexure 1(a) and 1(b) letters dated 13.08.2014, which forms part of Ext.P3.
6. The learned Standing Counsel seeks time to get instructions from the 6th respondent Board as to whether another inspection can be conducted at Punnathur Kotta, in view of the issues pointed out in this writ petition.
List on 05.02.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
G. GIRISH, JUDGE AV/30/1 30-01-2024 /True Copy/ Assistant Registrar WP(C) No.16514/2023 6/6 APPENDIX OF WP(C) 16514/2023 Exhibit P3 TRUE COPY OF THE WELFARE AND VETERINARY STATUS OF CAPTIVE ELEPHANT AT PUNNATHUR KOTTA 30-01-2024 /True Copy/ Assistant Registrar