Kerala High Court
Suo Motu vs State Of Kerala on 2 September, 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
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944
DBP NO. 47 OF 2022
IN THE MATTER OF GURUVAYUR DEVASWOM MANAGING COMMITTEE - MATTER
PERTAINING TO CONTINUOUS CHAINING OF THE FOOD OF AN ELEPHANT
NAMED MUKUNDAN - SUO MOTU PROCEEDINGS INITIATED - REG.
------------
PETITIONER:
SUO MOTU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM DEPARTMENT), SECRETARIAT,
THIRUVANANTHAPURAM- 695 001
2 DISTRICT VETERINARY OFFICER (*CORRECTED)
PARAVATTANI, THRISSUR - 680 005
*CORRECTED AS
CHIEF VETERINARY OFFICER, PARAVATTANI,
THRISSUR - 680 005
*IS CORRECTED AS PER ORDER DATED 25/08/2022 IN DBP
47/2022.
3 GURUVAYUR DEVASWOM MANAGING COMMITTEE
REPRESENTED BY ITS ADMINISTRATOR,
GURUVAYOOR DEVASWOM,
THRISSUR- 680 101
2
DBP No.47 of 22
4 ASSISTANT MANAGER (LIVESTOCK)
GURUVAYOOR DEVASWOM , THRISSUR 680 101
BY ADV. SHRI.T.K.VIPINDAS, SC, GURUVAYUR DEVASWOM
BOARD
SRI S.RAJMOHAN- SR GOVERNMENT PLEADER
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMIS-
SION ON 02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
DBP No.47 of 22
ORDER
Anil K. Narendran, J.
This DBP is registered suo motu by proceedings dated 24.08.2022, based on a video clipping of an elephant by name 'Mukundan' of Guruvayur Devaswom in Punnathur Kotta. As per the video clipping, the left hind leg of the elephant is having deformity due to fracture.
2. On 25.08.2022, when the matter is taken up for consideration, the learned Standing Counsel for Guruvayur Devaswom Managing Committee submitted that the said elephant sustained injury in the year 2006. Various measures were taken to rehabilitate the elephant, based on the expert opinion. That attempt did not succeed. Thereafter, the elephant is placed under palliative care and constant attention is given. For the last 8 years, the said elephant is taken care by the very same Mahout. The learned Standing Counsel would submit that the affidavit of the Administrator of Guruvayur Devaswom Managing Committee shall be placed on record before 01.09.2022.
3. The 3rd respondent has filed a counter affidavit dated 02.09.2022. Paragraphs 2 to 7 of that counter affidavit reads thus:
"2. Tusker Mukundan (Microchip No.0006593AD5), aged 42 4 DBP No.47 of 22 years, had the first report of injury to left hind limb on 10.06.2006. Prompt treatment was given by Allopathy and Ayurvedic experts. The elephant has shown considerable improvement on treatment. Regular treatment and managemental practices have helped the elephant to bear weight on 3 limbs. The elephant was able to walk and carryout daily activities including collection prehension and consumption of food after proper health care was given.
3. It is submitted that Mukundan is an elephant who is being given priority health care. Mukundan is being given sufficient exercise after analysing his health condition. Animal is being untied from tethered shed and is being given exercise according to his health status, Elephant is not taken outside for festival duty or ceremonial purposes. Elephant is given complete rest and palliative care with nutritious food and essential vetenary care.
4. It is submitted that Mukundan is under continuous monitoring of Jeevadhanam Expert Committee for elephants with regular followups. Regular blood Test are being done and faecal samples are analysed for parasites. Special Animal Restoration and Rejuvenation therapy is being made available for Mukundan along with all other elephants. The members of Jeevadhanam Expert Committee for elephants are:
1. Dr. K. C. Panicker
2. Dr. P. V. Giridas
3. Dr. T. S. Rajeev
4. Dr. Vivek. K
5. Dr. Devan Nampoothiry
5. It is submitted that Mukundan is being looked after by caring, expert and experienced mahout. The current mahout of Mukundan is taking care of Mukundan for past 8 years. 5 DBP No.47 of 22 Irreparable damage due to unknown cause has happened to left hind limb of Mukundan. Even with that limitation, quality of Mukundan's life is given prime importance and animal is being given utmost care without using elephant for any means of profit. Minimal chain is being used as a measure of abundant precaution.
6. It is submitted that elephants are wild animals, their behavior can be unpredictable. The video was showing Mukundan being walked back to tethered shed after providing drinking water. Mukundan untied from Musth Tether on 08.06.2022 and additional safety precautions are necessary for a few months after removing from Musth Tether.
7. It is further submitted that Mukundan has a history of attacking humans and as people are nearby, animal was having chains as a safety protocol. The chains are not interlinked each other, thereby it doesn't prevent elephant from normal physical movements. Chains are attached as a precautionary measure to control elephant if it turns rampant."
4. Heard the learned Senior Government Pleader for respondents 1 and 2 and also the learned Standing Counsel for Guruvayoor Devaswom Managing Committee for respondents 3 and
4.
5. From the counter affidavit filed on behalf of the 3rd respondent, it is seen that, the elephant by name, Mukundan, sustained injury in its left hind limb on 10.06.2006. Regular treatment and managemental practices have helped the elephant 6 DBP No.47 of 22 to bear its weight on three limbs. The elephant is able to walk and carryout daily activities, including collection of prehension and consumption of food, after proper health care. At present, it is being given priority health care. It is not being taken outside for festival duty or for ceremonial purposes. It is given complete rest and palliative care with nutritious food and essential veterinary care. The tusker is under continuous monitoring of Jeevadhanam Expert Committee for Elephants with regular follow-ups and it is being looked after by an expert and experienced mahout. The current mahout is taking care of Mukundan for the past 18 years. The video, which is annexed to this DBP, was taken while Mukundan was taken back to the tethered shed. Mukundan was untied from Musth Tether on 08.06.2022 and additional safety precautions are necessary for a few months. Mukundan has a history of attacking humans and therefore, minimal chains are being used as a measure of abundant precaution. Since the chains are not interlinked, they will not prevent the normal physical movements of the elephant.
6. From the counter affidavit filed on behalf of the 3rd respondent, it is seen that the elephant by name Mukundan is placed under palliative care and it is under continuous monitoring of an Expert Committee with regular follow-ups.
In such circumstances, this DBP is disposed of recording the 7 DBP No.47 of 22 aforesaid stand taken by the 3rd respondent in the counter affidavit dated 02.09.2022 and by directing respondents 3 and 4 to ensure proper palliative care with nutritious food and essential veterinary care to the elephant by name, Mukundan.
Sd/-
ANIL K.NARENDRAN JUDGE Sd/-
P.G. AJITHKUMAR JUDGE PV