Madras High Court
A.R.Gokulakrishnan vs The Secretary on 5 September, 2018
Author: S.Manikumar
Bench: S.Manikumar, Subramonium Prasad
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 5/9/2018
C O R A M
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.17050 of 2018
A.R.Gokulakrishnan ... Petitioner
Vs
1. The Secretary
Ministry of Forest and Environment
and Climate Change
Indira Paryavaran Bhawan
Jorbagh Road
New Delhi 110 003.
2. The Secretary
Ministry of Commerce and Industries
Room No.143
New Delhi 110 003.
3. The Secretary
Ministry of Agriculture and Farmers Welfare
Krishi Bhawan
Rajendra Prasad Road
New delhi 110 001.
4. The Secretary
Forest and Environment
Secretariat
Chennai 600 009.
5. The Secretary
Agriculture Department
Secretariat
Chennai 600 009.
6. The Principal Chief Conservator of Forests
Panagal Maligai
Saidapet
Chennai.
7. The District Collector
Thiagi Subramaniya Siva Maligai
Velunachiyar Valaham
Chettinaickenpatti
Dindigul 624 004.
8. The District Superintendent of Police
Thiagi Subramaniya Siva Maligai
Velunahiyar Valaham
Chettinaickenpatti
Dindigul 624 004.
9. The District Forest Officer
Dindigul Division
Velunachiyar Valaham
Dindigul 624 004.
10.District Forest Officer
Kodaikanal Division
Muthaliapuram
Kodaikanal 624 101. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus to direct the respondents to take all remedial measures to prevent the menace of elephants by considering the representation, dated 5/12/2017 made by the petitioner along with the further representation dated 6/12/2017.
For petitioner ... Mr.P.Raja
For respondents ... Mr.N.Rajam
for R.R.1 to 3.
(No appearance)
Mr.Bala Ramesh
Special Government Pleader
for R.R.4, 6, 9 and 10.
Mr.E.Manoharan
for R.R.5, 7 and 8
- - - - -
O R D E R
(Order of the Court was made by Subramonium Prasad,J) Instant Public Interest Litigation has been filed for a direction, restraining the State, to take all the remedial measures, to prevent the menace of elephants, by considering the representation, dated 5/12/2017, along with the further representation, dated 6/12/2017, within a time frame.
2. It is stated by the petitioner that between 2001 2005, Hollow bamboo, which is the food of elephant was used extensively by rural artisans, for making handicrafts and utility of villagers. This led to food crisis for elephants, who moved further east towards the Palar Porandalar Watersheds, above Palani. In a couple of years, the elephants then moved onto Parappalar Dam, Oddanchatram, where some bamboo clusters were left for food.
3. During 2006 2015, the elephants spent their time moving from Parappalar towards Kannivadi and even to Athoor Dam (water source for Dindigul). In the year 2016, they entered into the coffee growing areas of lower Palani Hills. From Siruvattukadu Komabai, they travelled on the road to Pachaloor, K.C.Patti, Adalur and Thadiyan Kudisai. They entered almost all the villages of lower Plains, namely, Manra Vayal, Semblioothu, Kallankinaroo, Mangalam kombu, Thandikudi, Periyur, Chinnoor, Pattalankadu, Thadiyankudisai. At the upper Palani Hills, they are periodically visiting Anju Veedu, Bharathi Anna Nagar, BL Shed and Thekkan Thottam Villages. The elephants are starving at Aanamalai Tiger reserve above Amaravathi Dam, due to infestation of Thorny tree species, like Nattu Karuvel (Acacia Nilotica), Odai Vel (Acacia Planifrons) and kudai vela maran (A.tortillis) Seemai Karuvel (Prosopis juliflora) on the bufferzone. All the plants are imported from Africa and America. They are not food, for elephants, and other animals and they hurt the elephants. The elephants are moving towards Kudhirayar, where there is good cropping and abundant water resources, but which are inhabited by humans. The elephants cause menace to people, when they enter with the fields or even injure people.
4. It is also the case of the petitioner that the State has not taken adequate measures to prevent the menace by elephants.
5. Respondents have filed their counter affidavit, bringing on record the measures taken to ensure that elephant menace is reduced. Relevant portion of the counter affidavit reads thus:-
18. It is submitted that the forest department has proactively taken various steps in removing the exotic and invasive alien species such as lantana, wattle, eupatorium etc., under various schemes as per the prescribed working plan. To quote a latest example about 234.02 Ha of Lantana was removed under Tamil Nadu Biodiversity Greening Project (TNGP), Special Area Development Programme (SADP) during 2012 - 13 to 2017 18 in Wildlife Habitat Area. About 100 Ha of wattle was removed under Tamil Nadu Biodiversity Greening Project during 2012 13 to 2013 14. The further removal in phased manner is also being mentioned in current working plan period. The effort is already being taken under various Central and State schemes to restore native vegetation in the forest landscape. In Dingidul Division, an extent of 4787 Ha was regeneration work was carried out in degraded forest by raising fodder species from the year 2011 12 to 2014 15. But the activities of wild elephants cannot be confined within the fragmented habitats devoid of corridors.
19. It is submitted that the continuous development of hotels, resorts and other commercial activities, development of linear projects like roads, bridges are largely responsible for deviation of elephants from its normal migratory movements. The illegal possession of huge extent of government poramboke land in the name of patta kadu B-Memo land, etc. is the principal reason for intense man and animal conflicts.
20. It is submitted that the petitioner has falsely termed innocent voiceless animal as a rogue elephant with deliberate intention of instigating local public and to grab natural resources in the absence of such majestic wild elephants. The continuation of such activities by the vested interest would cause irreparable ecological loss denying the future generation its right full share. Such commercial activities are not sustainable in nature. The statement given by the petitioner that 2.5 lakhs families will be forced to move to the cities in search of livelihood is utterly false and devoid of any merits, the large chunk of lands in Palani hills is being occupied by migrants from the plains like the petitioner. As a result, the original inhabitants like paliyars are forced to flee to the lower palnis in search of alternate livelihood opportunities.
21. It is respectfully submitted that action is already being taken to create awareness among public using all means, erecting barricades like elephant proof trenches, solar fences, adequate deployment of staff in the form of anti depredation squad, habitat improvement works etc. The details of solar fencing erected, Elephant proof trenches dugged out under various scheme since 2006 07 in the wildlife habitat area of Dindigul District are as follows:-
S.No. Work details Physical achievement
1. Erection of solar fence 115.50 kms
2. Formation of Elephant Proof Trenches 161.00 kms
22. It is submitted that apart from this an Elephant expert namely Dr.Sivaganesh was engaged in Dindigul Division to study the behaviour of the elephants in lower Palani hills and to create awareness among the farmers about the necessity of existence of this wild animal. Dr.Sivaganesh has also educated the peoples about dos and donts in elephant habitat area. He also motivated the farmers to take safety measures to protect their crops from elephant damages. It is found that elephants have the ability and talent to cross any physical barriers around the crop fields, if they are weak and substandard in nature because of poor maintenance. The local people learnt the behavior of elephants towards physical barriers and now they are insisting the forest authorities to develop new technology to control elephants in and around the vicinity of crop premises. The Department is taking action in scientific manner by analysing the behaviour of the animal and to take appropriate measures to manage this man-animal conflict. But, the petitioner is wilfully focusing on capture and translocation of innocent wild animals at the cost of vested interest negating the efforts of the department. The wild elephants which are already endangered if, captured and translocated without any scientific basis but merely on assumption of petitioner will eventually lead to extinction of such wonderful species on this earth. The economic interest is to be balanced with ecological needs of landscape. The restoration of Palani hills in to its original landscape in phased manner by sustainable ecological methods would only solve occasional wildlife accidents.
6. Perusal of the counter affidavit would show that the State Government is aware of the elephant menace. It is true that due to increase in pollution, there is pressure on the forest and this pressure has resulted in reduction of forest cover which has resulted in the increase of man, animal conflict. Counter affidavit would show that the State Government is taking active steps to counter the problem.
7. Counter affidavit is taken on record.
8. Writ petition is disposed of, with a direction to the State Government, to continue with the steps taken to prevent the menace of elephants. No costs.
(S.M.K.,J) (S.P.,J) 5th September 2018 mvs.
Index : Yes/No Internet : Yes/No To
1. The Secretary Ministry of Forest and Environment and Climate Change Indira Paryavaran Bhawan Jorbagh Road New Delhi 110 003.
2. The Secretary Ministry of Commerce and Industries Room No.143 New Delhi 110 003.
3. The Secretary Ministry of Agriculture and Farmers Welfare Krishi Bhawan Rajendra Prasad Road New Delhi 110 001.
4. The Secretary Forest and Environment Secretariat Chennai 600 009.
5. The Secretary Agriculture Department Secretariat Chennai 600 009.
6. The Principal Chief Conservator of Forests Panagal Maligai Saidapet, Chennai.
7. The District Collector Thiagi Subramaniya Siva Maligai Velunachiyar Valaham Chettinaickenpatti Dindigul 624 004.
8. The District Superintendent of Police Thiagi Subramaniya Siva Maligai Velunahiyar Valaham Chettinaickenpatti, Dindigul 624 004.
9. The District Forest Officer Dindigul Division Velunachiyar Valaham Dindigul 624 004.
10.The District Forest Officer Kodaikanal Division Muthaliapuram Kodaikanal 624 101.
S.MANIKUMAR,J & SUBRAMONIUM PRASAD,J mvs.
W.P.No.17050 of 20185/9/2018