Kerala High Court
In Re: Bruno vs Union Of India on 3 May, 2023
Bench: A.K.Jayasankaran Nambiar, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 3rd day of May 2023 / 13th Vaisakha, 1945
WP(C) NO. 13204 OF 2021(S)
IN RE: BRUNO (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.
[RE-NAMED AS ABOVE AS PER ORDER DATED 02/07/2021 IN WP(C)]
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-121 004.
3.STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
THIRUVANANTHAPURAM, PIN-695 036.
4.STATE OF KERALA, REPRESENTED BY THE SECRETARY,
ANIMAL HUSBANDRY DEPARTMENT, THIRUVANANTHAPURAM, PIN-695 036.
5.STATE OF KERALA, REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM, PIN-695 036.
6.THE KERALA STATE ANIMAL WELFARE BOARD,
THIRUVANANTHAPURAM-695 036.
7.THE KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
POOKODE, LAKKIDI P.O., WAYANAD, PIN-673 576.
8.STATE POLICE CHIEF, KERALA, THIRUVANANTHAPURAM, PIN-695 010.
ADDL. R9 IMPLEADED
9.SRUTHY N.BHAT, ADVOCATE, HIGH COURT OF KERALA, AGED 27 YEARS,
D/O.O.H. NANDAKUMAR BHAT, SANSKRITHI GARDEN, PERANDOOR ROAD,
KALOOR NORTH, KOCHI-682 026.
IS IMPLEADED AS ADDL. R9 AS PER ORDER DATED 14/07/2021
IN IA.1/2021 IN WPC.
ADDL. R10 IMPLEADED
10.DAYA ANIMAL WELFARE ORGANISATION (DAYA),
HAVING REGISTERED NUMBER E.R.737/01 WITH ITS REGISTERED
OFFICE AT XXII/459/A, PRAKASH ROAD, VELLOORKUNNAM,
MUVATTUPUZHA, ERNAKULAM-686 673, KERALA,
REPRESENTED BY ITS CO-ORDINATOR AMBILI B.
IS IMPLEADED AS ADDL. R10 AS PER ORDER DATED 14/07/2021 IN
IA.2/2021 IN WPC.
ADDL. R11 IMPLEADED
11.ANGELS NAIR, GEN. SECRETARY,
ANIMAL LEGAL FORCE INTEGRATION, AGED 54 YEARS,
KAPPILLIL HOUSE, PULLUVAZHY P.O., PERUMBAVOOR,
ERNAKULAM DIST. PIN-683 541.
IS IMPLEADED AS ADDL. R11 AS PER ORDER DATED 14/07/2021
IN IA.5/2021 IN WPC.
ADDL. R12 IMPLEADED
12.M.N. JAYACHANDRAN, AGED 63 YEARS, S/O.K. NARAYANAN NAIR,
RESIDING AT MUNDAMATTOM HOUSE, THODUPUZHA P.O.,
IDUKKI-685 584.
IS IMPLEADED AS ADDL. R12 PER ORDER DATED 19/07/2021
IN IA.3/2021 IN WPC.
ADDL. R13 IMPLEADED
13. P. SARAGANDHARAN, THUMBIL, EZHUPUNNA SOUTH P.O., CHERTHALA.
IS IMPLEADED AS ADDL. R13 AS PER ORDER DATED 19/07/2021
IN IA.7/2021 IN WPC.
ADDL. R14 IMPLEADED
14.THE THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY.
IS SUO MOTU IMPLEADED AS ADDL. R14 AS PER ORDER
DATED 23/07/2021 IN WPC.
ADDL. R15 IMPLEADED
15.THE STATE KUDUMBASREE MISSION,
REPRESENTED BY THE EXECUTIVE DIRECTOR.
IS SUO MOTU IMPLEADED AS ADDL. R15 AS PER ORDER
DATED 02/08/2021 IN WPC.
ADDL. R16 IMPLEADED
16.DHYAN FOUNDATION, A REGISTERED CHARITABLE TRUST,
REPRESENTED BY ITS TRUSTEE, DR.PRASAN PRABHAKAR,
AGED 48 YEARS, S/O.DR.M.C. PRABHAKAR,
RESIDING AT LAXMI PRASAD, PANAYAPILLY, KOCHI-682 005.
IS IMPLEADED AS ADDL. R16 AS PER ORDER DATED 06/08/2021
IN IA.8/2021.
ADDL. R17 IMPLEADED
17.ANIMAL RESCUE REHABILITATION & OVERALL WELLNESS (ARROW),
214/IX KADAMANNIL, KUMBAZHA NORTH, MYLAPRA P.O.,
PATHANAMTHITTA-689 671,REPRESENTED BY ITS MANAGING
TRUSTEE.
IS IMPLEADED AS ADDL. R17 AS PER ORDER DATED 09/08/2021
IN IA.11/2021.
ADDL. R18 IMPLEADED
18.PEOPLE FOR ANIMALS (PFA), REPRESENTED BY ITS SECRETARY,
KARTHIKA, ANAYARA, THIRUVANANTHAPURAM-695 029.
IS IMPLEADED AS ADDL. R18 AS PER ORDER DATED 09/08/2021
IN IA.10/2021.
ADDL. R19 IMPLEADED
19.PEOPLE FOR ANIMAL WELFARE SERVICE (PAWS)-
THRISSUR CHARITABLE TRUST, RAJ VIHAR, POOTHOLE P.O,
THRISSUR-680 004, REPRESENTED BY ITS SECRETARY.
IS IMPLEADED AS ADDL. R19 AS PER ORDER DATED 09/08/2021
IN IA.12/2021.
ADDL. R20 TO R25 IMPLEADED
20.MUNICIPAL CORPORATION, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY.
21.MUNICIPAL CORPORATION, KOLLAM, REPRESENTED BY ITS
SECRETARY.
22.MUNICIPAL CORPORATION, THRISSUR,
REPRESENTED BY ITS SECRETARY.
23.MUNICIPAL CORPORATION, KOCHI, REPRESENTED BY ITS SECRETARY.
24.MUNICIPAL CORPORATION, KOZHIKODE,
REPRESENTED BY ITS SECRETARY.
25.MUNICIPAL CORPORATION, KANNUR, REPRESENTED BY ITS
SECRETARY.
ARE SUO MOTU IMPLEADED AS ADDL. R20 TO R25 AS PER ORDER
DATED 09/08/2021 IN WPC.13204/2021.
ADDL. R26 IMPLEADED
26.MADRAS ANIMAL RESCUE SOCIETY 4/339, SANGARAPURAM,
FIRST STREET, PALAVAKKAM, CHENNAI - 600041,
REPRESENTED BY ITS SECRETARY AND TRUSTEE,
VIVEK K. VISWANATH S/O K.V. ACHUTHAN, AGED 29 YEARS,
HAVING PERMANENT ADDRESS AT KARUNELLIPARAMBIL HOUSE,
KAIPARAMBU P.O., THRISSUR - 680546 AND NOW RESIDING AT
GODAVARI HOSTEL, IIT MADRAS, CHENNAI -600036.
IS IMPLEADED AS ADDL R26 AS PER ORDER DATED 10.09.2021 IN
IA 13/21 IN WP(C) 13204/2021.
ADDL. R27 IMPLEADED
27.SMT.RANJINI HARIDAS, AGED 39 YEARS, D/O.HARIDAS,
'HARISREE', PONNETH SOUTH TEMPLE ROAD,
CHILAVANNOR-682 020, TRUSTEE, HUMANITY FOR ANIMALS,
REG. NO.E 323/2015, ERNAKULAM.
ADDL. R27 IS IMPLEADED AS PER ORDER DATED 08/10/2021
IN IA.18/2021 IN WPC.
P.T.O.
ADDL. R28 IMPLEADED
28.GAURI MAULEKHI, AGED 44 YEARS, W/O.DUSHYANT MAULEKHI,
RESIDING AT 40/153, CR PARK, NEW DELHI-110 019.
ADDL. R28 IS IMPLEADED AS PER ORDER DATED 08/10/2021 IN
IA.22/2021 IN WPC.
ADDL. R29 IMPLEADED
29.SANGITA IYER, AGED 59 YEARS, D/O.MR.K. ANANTHARAMAN,
PERMANENTLY RESIDING IN TORONTO ,CANADA, PRESIDENT,
VOICE FOR ASIAN ELEPHANTS SOCIETY, TORONTO, CANADA,
REPRESENTED BY HER POWER OF ATTORNEY SATISH MURTHI,
2ND FLOOR, BETA PLAZA, DR.KRISHNASWAMY ROAD,
COCHIN-682 035.
IS IMPLEADED AS ADDL. R29 AS PER ORDER DATED 29/10/2021
IN IA.24/2021 IN WPC.
ADDL. R30 IMPLEADED
30.DR.ZAHIRA. B., AGED 51 YEARS, W/O.DR.MANZOOR AHAMMED,
CHUNGASSERI MANZIL, PADA NORTH, KARUNAGAPPALLY P.O.,
KOLLAM-690 518.
IS IMPLEADED AS ADDL. R30 AS PER ORDER DATED 12/11/2021 IN
IA.28/2021 IN WPC.
ADDL. R31 IMPLEADED
31.SANTHOSH. T.S., AGED 46 YEARS, S/O.T.V. SASIDHARAN,
RESIDING AT THIRUNILATHU HOUSE, NETTOOR P.O.,
MARADU, ERNAKULAM-682 040.
IS IMPLEADED AS ADDL. R31 AS PER ORDER DATED 30/11/2021 IN
IA.26/2021 IN WPC.
ADDL. R32 IMPLEADED
32.UNION OF INDIA, REPRESENTED BY THE MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE (FOREST AND WILD LIFE DIVISION,
PROJECT ELEPHANT), NEW DELHI-110 003.
IS SUO MOTU IMPLEADED AS ADDL. R32 AS PER ORDER
DATED 10/12/2021 IN WPC.
P.T.O.
ADDL. R33 IMPLEADED
33.PRADEEP P.D., AGED 33 YEARS, S/O.DIVAKARAN,
PUTHUVAL NIKARTH, PALLIPURAM P.O.,
CHERTHALA, 688 541, ALAPPUZHA.
IS IMPLEADED AS ADDL. R33 PER ORDER DATED 28/02/2022
IN IA.1/2022 IN WPC.
ADDL. R34 IMPLEADED
34.AKSHAY V.PRABHU, S/O.VEDANGA G.PRABHU, AKSHAYA HOSPITAL,
KADAVANTHRA, KOCHI, KERALA-682 020.
IS IMPLEADED AS ADDL. R34 PER ORDER DATED 24/06/2022
IN IA.4/2022 IN WPC.
ADDL. R35 IMPLEADED
35.KOLLAM DISTRICT PANCHAYATH, KOLLAM DISTRICT, PIN-691 001,
REPRESENTED BY ITS SECRETARY.
IS IMPLEADED AS ADDL. R35 VIDE ORDER DATED 23/09/2022
IN IA.7/2022 IN WPC NO.13204/2021 (S).
ADDL. R36 IMPLEADED
36. EDRAAC (ERNAKULAM DISTRICT RESIDENTS'
ASSOCIATION'S APEX COUNCIL), REG. NO.ER/735/03,
CORPORATION SHOPPING COMPLEX, SUBHASH CHANDRA BOSE
ROAD JUNCTION, PONNURUNNI, VYTTILA,
COCHIN-19, PIN-682 019.
IS IMPLEADED AS ADDL. R36 VIDE ORDER DATED 23/09/2022 IN
IA.8/2022 IN WPC NO.13204/2021 (S).
ADDL. R37 IMPLEADED
37. THE PUNALUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY.
IS SUO MOTU IMPLEADED AS ADDL. R37 AS PER ORDER
DATED 30/09/2022 IN IA.9/2022 IN WPC.
P.T.O.
ADDL. 38 IMPLEADED
38. M/S. SREDHA MOBILE ARTIFICIAL INSEMINATION AND
VETERINARY SERVICES, REP. BY ITS MANAGING PARTNER
PRIYA PRAKASHAN, D/O.PRAKASHAN, NEERIKODE P.O.,
ALANGAD, ERNAKULAM-683 511.
ADDL. R38 IS IMPLEADED AS PER ORDER DATED 25/11/2022
IN IA.18/2022 IN WPC.
ADDL.39 & 40 IMPLEADED
39. SRI. RADHAKRISHNAN, PANANCHERRY HOUSE, PAYYAPPILLY MOOLA,
PUTHUR, THRISSUR-680 014
40. SRI. GANESAN, S/O.SRI. RADHAKRISHNAN, PANANCHERRY HOUSE,
PAYYAPPILLY MOOLA, PUTHUR, THRISSUR-680 014
ADDL.39 & 40 ARE IMPLEADED SUO MOTU AS PER ORDER
DATED 09/03/2023 IN WP(C) 13204/2021(S).
ADDL. R41 IMPLEADED
41.JOSE K.MANI, MEMBER OF PARLIAMENT, CHAIRMAN,
KERALA CONGRESS (M), STATE COMMITTEE OFFICE,
NEAR FIRE STATION, KOTTAYAM-686 001.
ADDL. R41 IS IMPLEADED AS PER ORDER DATED 29/03/2023
IN IA.5/2023 IN WPC NO.13204/2021.
ADDL. R42 IMPLEADED
42.JEEVAN RAJEEV, AGED 30 YEARS, S/O.RAJEEV. A.,
KARTHIKA, PAKKAIL P.O., KOTTAYAM-686 013.
ADDL. R42 IS IMPLEADED AS PER ORDER DATED 29/03/2023
IN IA.6/2023 IN WPC NO.13204/2021.
ADDL. R43 & R44 IMPLEADED
43. DR. K.P. SHIBU, AGED 53 YEARS, S/O. K.S. PAVITHRAN,
KURUNDODATH HOUSE, EROOR SPO., PIN-682 306.
P.T.O.
44. DR.ANITHA M.A., AGED 51 YEARS, W/O. DR. K.P. SHIBU,
KURUNDODATH HOUSE, EROOR SPO.
ADDL. R43 & R44 ARE IMPLEADED AS PER ORDER
DATED 29/03/2023 IN IA.8/2023 IN WPC 13204/2021.
ADDL. R45 IMPLEADED
45. CHINNAKKANAL GRAMA PANCHAYAT, REPRESENTED BY
ITS SECRETARY, CHINNAKKNAL P.O., IDUKKI-685 618
ADDL. R45 IS IMPLEADED AS PER ORDER DATED 29/03/2023 IN
IA.9/2023 IN WPC 13204/2021.
ADDL. R46 IMPLEADED
46. SANTHAPARA GRAMA PANCHAYAT, REPRESENTED BY ITS PRESIDENT,
OFFICE OF THE SANTHANPARA GRAMA PANCHAYAT,
SANTHANPARA P.O., IDUKKI DISTRICT, PIN-685 619.
ADDL. R46 IS IMPLEADED AS PER ORDER DATED 29/03/2023 IN
IA.11/2023 IN WPC 13204/2021.
ADDL.R47 IMPLEADED
47. DEAN KURIAKOSE, AGED 42 YEARS, S/O A.M. KURIAKOSE,
ANANICKAL HOUSE, PAINGOTTOOR P.O., KULAPPURAM,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 671.
ADDL. R47 IS IMPLEADED AS PER ORDER DATED 29/03/2023 IN
IA.13/2023 IN WPC 13204/2021.
ADDL. R48 IMPLEADED
48. KERALA INDEPENDENT FARMERS ASSOCIATION (KIFA),
5/518, NIRANATH BUILDING, THALAYAD P.O., UNNIKULAM,
KOZHIKODE-673 574, REPRESENTED BY ITS CHAIRMAN
SRI.ALEX OZHUKAYIL CHANDY FRANCIS, AGED 41 YEARS,
S/O.CHANDY FRANCIS, OZHUKAYIL HOUSE, KARIYATHUMPARA,
KALLANODE P.O., KOZHIKODE, PIN-673 615.
ADDL. R48 IS IMPLEADED AS PER ORDER DATED 05/04/2023
IN IA.16/2023 IN WPC.
ADDL. R49 IMPLEADED
49. SUJIMOL K.R., AGED 32 YEARS, D/O.RAJU,
RESIDING AT KINTTAKAL 595 A, SINGUKANDAM, ANGANVADI,
SURANALLY, CHINNAKANAL, IDUKKI, KERALA-685 618.
ADDL. R49 IS IMPLEADED AS PER ORDER DATED 05/04/2023
IN IA.17/2023 IN WPC.
ADDL. R50 & R51 IMPLEADED
50. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS &
HEAD OF FOREST FORCE, FOREST HEAD QUARTERS, VAZHUTHACAUD,
THYCAUD P.O., THIRUVANANTHAPURAM-695 014.
51. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) &
CHIEF WILDLIFE WARDEN (KERALA), FOREST HEAD QUARTERS,
THYCAUD P.O., THIRUVANANTHAPURAM-695 014.
ADDL. R50 & R51 ARE SUO MOTU IMPLEADED AS PER ORDER
DATED 12/04/2023 IN WPC 13204/2021.
ADDL.R52 IMPLEADED
52. ATHIRAPILLY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, VETTILAPPARA,
PERIYARAM, KERALA
ADDL. R52 IS IMPLEADED AS PER ORDER DATED 03/05/2023
IN IA 24/23 IN WPC 13204/2021.
P.T.O
This Suo Motu writ petition again coming on for orders upon
perusing the petition, this Court's order dated 19/04/2023 and upon
hearing the arguments of DEPUTY SOLICITOR GENERAL OF INDIA &
SRI.JAISHANKAR V.NAIR, CENTRAL GOVERNMENT COUNSEL for R1,
SMT.M.U.VIJAYALAKSHMI, STANDING COUNSEL for R2, SRI.ASOK M.CHERIAN,
ADDITIONAL ADVOCATE GENERAL for R3 to R6, SMT.AYSHA YOUSEFF & SRI.MANU
GOVIND, Advocates for R7, SRI.SHAJI.T.A., DIRECTOR GENERAL OF PROSECUTION
& P.NARAYANAN, ADDL.PUBLIC PROSECUTOR for R8, Advocate SMT.SRUTHY N.BHAT
(PARTY IN PERSON) as Addl.R9, M/S.ADITHYA RAJEEV & NIHARIKA HEMA RAJ,
Advocates for R10, SRI.ANGELS NAIR PARTY IN PERSON AS Addl.R11, M/S.GANGA
A.SANKAR, REJIVUE, THANUJA ROSHAN, CHACKOCHEN VITHAYATHIL, VISHNU
RAJAGOPAL, VISWAJITH.C.K. & GISHA G.RAJ, M.R.HARIRAJ Advocates for
Addl.R12, M/S. B.S.SWATHI KUMAR, ANITHA RAVINDRAN & HARISANKAR N UNNI,
Advocates for Addl. R13, SRI.S. JAMAL, Advocate for Addl. R14, M/S.
K.V.PRAKASH, D.G. VIPIN, KAROL MATHEWS SEBASTIAN ALANCHERRY, Advocates
for Addl.R15, M/S.ASWIN GOPAKUMAR, KANDAMPULLY VIKRAM & NIKITHA SUSAN
PAULSON for Addl. R16, M/S.KRISHNA PRASAD. S, SINDHU S.KAMATH & ROHINI
NAIR, Advocates for Addl.R17, M/S.PRASANTH S.R. & BHANU THILAK, Advocates
for Addl.R18, SRI.BRIJESH MOHAN, Advocate for Addl.R19, SRI. NANDAKUMARA
MENON SENIOR ADVOCATE ALONG WITH SRI.P.K.MANOJ KUMAR ADVOCATE FOR
Addl.R20, SRI.M.K.CHANDRAMOHAN DAS & SRI.S. SREEKUMAR ADVOCATE FOR
Addl.R21 , SRI.SANTHOSH.P.PODUVAL ADVOCATE FOR Addl.R22, SRI.K.JANARDHANA
SHENOY, SC for Addl.R23 and of SRI.V.KRISHNA MENON ADVOCATE FOR
ADDL.R.24, SMT.MEENA JOHN ADVOCATE FOR ADDL R.25, M/S. S.R.K. PRATHAP,
JISSMON A.KURIAKOSE, Advocates for R26, SMT.RANJINI HARIDAS (PARTY IN-
PERSON) for Addl. R27, M/S. P.R. VENKATESH & KEERTHIVAS. G., Advocates
for Addl. R28, M/S.UMA DEVI. M., Advocate for Addl.R29, M/S. RAJESH
VIJAYAN & SIKHA S.NAIR, Advocates for Addl. R30, M/S. C.A. MAJEED, K.H.
ASIF, MOLTY MAJEED, P.B. UNNIKRISHNAN NAIR & MATHEW VARGHESE, Advocates
for Addl. R31, SRI.JAISHANKAR V.NAIR, CENTRAL GOVERNMENT COUNSEL for
Addl. R32,M/S.ADITYA THEJUS KRISHNAN & FERHA AZEEZ,Advocates for
Addl.R33,M/S.BHANU THILAK & S.R.PRASANTH,Advocates for Addl. R34,
SRI.MANOJ RAMASWAMY, Advocate for Addl. R35 & R37 SMT.SREEJA SOHAN,
SRI.ATUL SOHAN Advocates for Addl. R36, SRI.ANIL SIVARAMAN, Advocate for
Addl. R38,SRI.G.SREEKUMAR (CHELUR),for Addl.R39 & R40, M/S. AUGUSTINE
JOSEPH, TONY AUGUSTINE & AISWARYA E.J. VETTIKOMBIL, Advocates for Addl.
R41, M/S.NEERAJ NARAYAN & HARIKRISHNAN. R., Advocates for Addl. R42,
M/S.CHANDRASEKHAR & P.M. SATHEESH, Advocates for R43 & R44, M/S. SABU
GEORGE, P.B. KRISHNAN, P.B. SUBRAMANYAN, MANU VYASAN PETER & DILIP
THOMAS, Advocates for R45, SRI.JOICE GEORGE, Advocate for R46, SRI.ARUN
THOMAS, Advocate for R47, M/S.ALEX M.SCARIA, SARITHA THOMAS, ALEN
J.CHERUVIL, SAHL ABDUL KADER & SANJITH KUMAR. R., Advocates for R48,
M/S.PAUL P.ABRAHAM & TOBIAS TOGI MATHEW, Advocates for R49, SMT. I.SHEELA
DEVI, Advocate for Addl. R52 and of SRI.NAGARAJ NARAYANAN, SPECIAL
GOVERNMENT PLEADER & SRI.S.RAMESH BABU (SENIOR ADVOCATE) & SRI.T.C.SURESH
MENON, AMICI CURIAE, the Court passed the following:
P.T.O.
A.K.JAYASANKARAN NAMBIAR & GOPINATH P., JJ.
-----------------------------------------------
W.P.(C)No.13204 of 2021
--------------------------------------------------
Dated this the 3rd day of May, 2023
ORDER
Gopinath, J.
When this matter was taken up today, we were informed that under our orders dated 5.4.2023 and 19.4.2023, the elephant in question was tranquilized, captured, radio-collared and shifted to the Periyar Tiger Reserve.
2. The learned Additional Advocate General has placed before us a report/note on the capture and translocation of the elephant. The said report/note reads as follows:
"1. The entire capture and translocation operation was conducted in a well-planned manner based on a capture plan.
2. A mock drill was conducted on 27.04.2023, 2.00 pm onwards at base camp at Fathima Matha School, Chinnakkanal Vilakku. The entire forest team members, the officers and staff from other Departments and Panchayath representatives participated in the Mock Drill. The role of each and every team member and the staff of other departments were clearly instructed. Checked all instrument, tools and equipments required for the operation.
3.Restrictions as per Sec 144 was declared in entire Chinnakanal at Panchayath and Wards 1,2 and 3 of Santhanpara Panchayath.
4.The vehicle movements were restricted on NH and other roads within the area.
5. The operation area was cordoned off by the Police by deploying about 70 staff.
6. The elephant was intensively tracked on the previous day of operation and was in the radar of the tracking team till morning 1.30 am of the operation day ie 28.04.2023. But, later the position of the elephant could not be tracked till evening 5.00 pm. The elephant, W.P.(C)No.13204/2021 2 was found at Shankrapandyamedu on the other side of the NH. The location is not a desired site for operation because of its terrain.
7. No operation could be carried out on the first day and called off the operation at 3.30 pm.
8. The RRT team found that the elephant crossed the NH and moved to 301 Cement bridge area around 11.30 pm on 28.04.2023.
9. The operation was continued on the second day from 6.00 am on 29:04-2023.
10. The elephant was under the close observation of the tracking team from early morning hours. Without much disturbing the elephant, he was tracked with utmost care and moved to a suitable area within the desired site for operation. Waited patiently for a clear chance to dart the elephant with syringe containing tranquilising medicines.
11. The first projectile injection was given at 11.46 am on the second day. Further the tranquilizing drugs were administered through projectile injection by the darting team after carefully examining the signs and symptoms of sedation process.
12. The elephant was ultimately immobilized and loaded into truck by around 5.00 pm by using 4 kumkies.
13. Satellite GPS-VHF collar was fixed after loading the elephant into done and the vehicle. Simultaneously, health check-up was done and medicines including antibiotics were given.
14. It was found that the right eye was partially blind. The elephant had a fighting injury of two days old on the lower front portion of the trunk. Treatments were given for the injury. The elephant was fit for release into wild.
15. The elephant was transported from Chinnakanal at 6.10 pm and reached Forest Gate Kokkara of Periyar Tiger Reserve around 10 pm.
16. Because of the heavy rain happened during the evening hours, the roads were slushy and the truck could go with the support of JCB. After 15km from the gate, the road conditions become very difficult. After clearing the slush at different points along the road, the truck was taken upto 18 km from the Kokkara Gate, the elephant W.P.(C)No.13204/2021 3 was released at a site deep inside forest between Mavadi Junction and Senioroda in Mullakkudy Section of Thekkady Range of Periyar East Division,.
17. Ramp was made using JCBS and the truck was moved to the ramp.
18: After giving the revival medicine at around 5.10 am on 30.04.2023, the elephant came to consciousness and fastly moved into the forests by 5.15 pm.
19. The elephant is being monitored through satellite signals and also by a dedicated team of staff of Periyar East Division of Periyar Tiger Reserve."
3. The report of the Secretary, District Legal Services Authority and all other inputs which we have considered indicate the urgent need to take steps to prevent the increasing instances of human-wildlife conflict in various parts of the State. Therefore, we intend to constitute an expert committee to aid and advise this Court regarding short-term and long-term measures to prevent human-wildlife conflict. The learned Additional Advocate General and Sri. S. Ramesh Babu, the learned senior Advocate (Amicus Curiae in this matter) seek time to place on record their suggestions regarding the constitution of such a committee. The learned Additional Advocate General and the learned Amicus Curiae are requested to place their proposals by the next date of hearing.
4. The Secretary, District Legal Services Authority, Idukki has placed before us a report on the actions/deliberations of the Task Force as directed in the order dated 19.4.2023. The report refers to meetings conducted by the Task Force. The Task Force has also flagged specific issues set out in the report and suggested certain measures to be taken to deal with W.P.(C)No.13204/2021 4 the issues. A copy of the proceedings constituting the Task Force (Order No.28/2023/DLS dated 20.4.2023) has also been placed before us. Since counsel appearing for various parties before the Court have submitted that they would like to respond to the issues flagged in the report of the Secretary, District Legal Services Authority, we direct the Registry to make available a copy of the report filed by the Secretary, District Legal Services Authority, Idukki to the learned counsel appearing for various parties in this writ petition on application and on usual terms.
5. Before parting with this order, we would like to express our sincere appreciation to all the officials involved in the capture and translocation of the elephant in question to the Periyar Tiger Reserve. We note with utmost satisfaction that the officers and other officials carried out the operation in a highly professional manner and keeping in tune with the orders issued by this Court. We also place on record our sincere appreciation for all the efforts taken by the expert committee members constituted by us through the order dated 29.3.2023, as also the learned Amicus Curiae, in finding a suitable solution to address the problem in question.
List this matter for further consideration at 11 A.M., on 17.5.2023.
sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sd/-
GOPINATH P.
JUDGE
acd
03-05-2023 /True Copy/ Assistant Registrar