Kerala High Court
In Re: Bruno vs Union Of India on 26 June, 2024
Author: P Gopinath
Bench: A.K.Jayasankaran Nambiar, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
Wednesday, the 26th day of June 2024 / 5th Ashadha, 1946
IA.NO.21/2024 IN WP(C) NO. 13204 OF 2021(S)
NAME AND ADDRESS OF THE APPLICANT/ADDL 31st RESPONDENT:
SANTHOSH. T.S., AGED 46 YEARS, S/O.T.V. SASIDHARAN,
RESIDING AT THIRUNILATHU HOUSE, NETTOOR P.O.,
MARADU, ERNAKULAM-682 040.
NAME AND ADDRESS OF THE RESPONDENTS/RESPONDENTS:
1. SUO MOTU
2. 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.
3. 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.
4. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
5. STATE OF KERALA, REPRESENTED BY THE SECRETARY,
ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
6. STATE OF KERALA, REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
7. THE KERALA STATE ANIMAL WELFARE BOARD,
THIRUVANANTHAPURAM-695 036.
8. THE KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY,
POOKODE, LAKKIDI P.O., WAYANAD, PIN-673 576.
9. THE STATE POLICE CHIEF, KERALA, THIRUVANANTHAPURAM, PIN-695 010.
10. SRUTHY N.BHAT, SANSKRITHI GARDEN, PERANDOOR ROAD,
KALOOR, NORTH, KOCHI-682 026.
11. DAYA ANIMAL WELFARE ORGANISATION (DAYA), XXII/459/A, PRAKASH ROAD,
VELLOORKUNNAM, MUVATTUPUZHA, ERNAKULAM-686 673, KERALA.
12. ANGELS NAIR, GEN. SECRETARY,
ANIMAL LEGAL FORCE INTEGRATION,
KAPPILLIL HOUSE, PULLUVAZHY P.O., PERUMBAVOOR,
ERNAKULAM DIST. PIN-683 541.
13. M.N. JAYACHANDRAN, MUNDAMATTOM HOUSE, THODUPUZHA P.O.,
IDUKKI-685 584.
14. P. SARAGANDHARAN, THUMBIL, EZHUPUNNA SOUTH P.O.,
CHERTHALA.
15. THE THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS
SECRETARY.
16. THE STATE KUDUMBASREE MISSION,
REPRESENTED BY THE EXECUTIVE DIRECTOR.
17. DHYAN FOUNDATION, LAXMI PRASAD, PANAYAPILLY, KOCHI-682 005.
18. ANIMAL RESCUE REHABILITATION & OVERALL WELLNESS (ARROW),
214/IX KADAMANNIL, KUMBAZHA NORTH, MYLAPRA P.O.,
PATHANAMTHITTA-689 671.
19. PEOPLE FOR ANIMALS (PFA), REPRESENTED BY ITS SECRETARY,
KARTHIKA, ANAYARA, THIRUVANANTHAPURAM-695 029.
20. PEOPLE FOR ANIMAL WELFARE SERVICE (PAWS)-
THRISSUR CHARITABLE TRUST, RAJ VIHAR, POOTHOLE P.O,
THRISSUR-680 004.
21. THE MUNICIPAL CORPORATION, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY.
22. THE MUNICIPAL CORPORATION, KOLLAM, REPRESENTED BY ITS
SECRETARY.
23. THE MUNICIPAL CORPORATION, THRISSUR,
REPRESENTED BY ITS SECRETARY.
24. THE MUNICIPAL CORPORATION, KOCHI, REPRESENTED BY ITS
SECRETARY.
25. THE MUNICIPAL CORPORATION, KOZHIKODE,
REPRESENTED BY ITS SECRETARY.
26. THE MUNICIPAL CORPORATION, KANNUR, REPRESENTED BY ITS
SECRETARY.
27. MADRAS ANIMAL RESCUE SOCIETY 4/339, SANGARAPURAM,
FIRST STREET, PALAVAKKAM, CHENNAI - 600041,
28. SMT.RANJINI HARIDAS, AGED 39 YEARS, D/O.HARIDAS,
'HARISREE', PONNETH SOUTH TEMPLE ROAD,
CHILAVANNOR-682 020.
29. GAURI MAULEKHI, AGED 44 YEARS, W/O.DUSHYANT MAULEKHI,
RESIDING AT 40/153, CR PARK, NEW DELHI-110 019.
30. SANGITA IYER, (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.
31. DR.ZAHIRA. B., (51 YEARS), W/O.DR.MANZOOR AHAMMED,
CHUNGASSERI MANZIL, PADA NORTH, KARUNAGAPPALLY P.O.,
KOLLAM-690 518.
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.
33. PRADEEP P.D., (33 YEARS), S/O.DIVAKARAN,
PUTHUVAL NIKARTH, PALLIPURAM P.O.,
CHERTHALA, 688 541, ALAPPUZHA.
34. AKSHAY V.PRABHU, S/O.VEDANGA G.PRABHU,
AKSHAYA HOSPITAL, KADAVANTHRA, KOCHI, KERALA-682 020.
35. KOLLAM DISTRICT PANCHAYATH, KOLLAM DISTRICT,
PIN-691 001, REPRESENTED BY ITS SECRETARY.
P.T.O
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.
37. THE PUNALUR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY.
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.
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
41. JOSE K.MANI, MEMBER OF PARLIAMENT, CHAIRMAN,
KERALA CONGRESS (M), STATE COMMITTEE OFFICE,
NEAR FIRE STATION, KOTTAYAM-686 001.
42. JEEVAN RAJEEV, (30 YEARS) S/O.RAJEEV. A.,
KARTHIKA, PAKKAIL P.O., KOTTAYAM-686 013.
43. DR. K.P. SHIBU, (53 YEARS) S/O. K.S. PAVITHRAN,
KURUNDODATH HOUSE, EROOR SPO., PIN-682 306.
44. DR.ANITHA M.A., (51 YEARS) W/O. DR. K.P. SHIBU,
KURUNDODATH HOUSE, EROOR SPO.
45. CHINNAKKANAL GRAMA PANCHAYAT, REPRESENTED BY
ITS SECRETARY, CHINNAKKNAL P.O., IDUKKI-685 618
46. SANTHANPARA GRAMA PANCHAYAT, REPRESENTED BY ITS PRESIDENT,
OFFICE OF THE SANTHANPARA GRAMA PANCHAYAT,
SANTHANPARA P.O., IDUKKI DISTRICT, PIN-685 619.
47. DEAN KURIAKOSE, (42 YEARS), S/O A.M. KURIAKOSE,
ANANICKAL HOUSE, PAINGOTTOOR P.O., KULAPPURAM,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 671.
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.
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.
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.
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
53. THE MEMBER SECRETARY,
KERALA STATE LEGAL SERVICES AUTHORITY.
ADDL.R53 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 17/05/2023 IN WPC 13204/2021.
54. ANEESH MATHEW, AGED 47 YEARS, S/O. MATHEW, RESIDING AT
VENGALISHERRIL VEEDU, CHINNAKANAL PANCHAYAT,
UDUMBANCHIRA TALUK, MUNNAR PIN :685 618.
ADDL. R54 IS IMPLEADED AS PER ORDER DATED 25/05/2023 IN
IA.29/2023 IN WPC.
55. M/S WALKING EYE FOUNDATION FOR ANIMAL ADVOCACY,
REG. NO,48/2022, REG. OFFICE AT II/263 A, KAIPARAMBU,
THRISSUR DISTRICT, KERALA STATE - 680546,
REPRESENTED BY ITS FOUNDER AND MANAGING TRUSTEE
VIVEK.K.VISWANATH, AGED 31 YEARS, S/O K V ACHUTHAN,
HAVING A PERMANENT ADDRESS AT KURUNELLIPARAMBIL HOUSE,
KAIPARAMBU. P.O, THRISSUR -680 546.
ADDL. R55 IS IMPLEADED AS PER ORDER DATED 25/05/2023
IN IA.31/2023 IN WPC.
56. THE EMPLOYEES PROVIDENT FUND ORGANIZATION,
REGIONAL OFFICE AT THIRUVANANTHAPURAM,
REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER.
ADDL. R56 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 21/06/2023 IN WPC NO.13204/2021.
57. PAL RAJ, AGED 52 YEARS, S/O. OORU MOOPPAN,
DOOR. NO. 150, CHEMBAKA THOZHU KUDI,
SINKUKANDAM P.O, CHINNAKANAL, IDUKKI - 685 618.
58. MUTHUKUMAR, AGED 51 YEARS, S/O. OORU MOOPAN,
DOOR NO. 54, PACHAPULKUDI, SINKUKANDOM P.O,
SURYANELLI - IDUKKI - 685 618.
59. CHANDRAN T, AGED 50 YEARS, S/O. OORU MOOPAN,
DOOR NO. 87, TANK KUDI, SINKUKANDOM P.O,
CHINNAKANAL - IDUKKI - 685 618.
60. YASHODARAN K, AGED 48 YEARS, S/O. OORU MOOPAN,
DOOR NO. 225, 301 COLONY, SINKUKANDAM P.O,
CHINNAKANAL, IDUKKI - 685 618.
61. PEOPLE FOR ANIMAL WELFARE, SM HOSPITAL,
THANA P.O., KANNUR - 670 012,
REPRESENTED BY ITS PRESIDENT DR. SUSHMA PRABHU
ADDL. R61 IS IMPLEADED AS PER ORDER DATED 27/06/2023
IN IA. 39/2023 IN WP(C) 13204/2021.
62. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR
ADDL. R62 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 27/06/2023 IN WP(C) 13204/2021.
63. THE KERALA HYDEL TOURISM, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR.
ADDL. R63 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 14/07/2023 IN WP(C) 13204/2021.
64. THE AIRPORT AUTHORITY OF INDIA,
TRIVANDRUM INTERNATIONAL AIRPORT CHACKAI SIDE,
THIRUVANANTHAPURAM-695 008, REPRESENTED BY AIRPORT MANAGER.
ADDL. R64 IS SUO MOTU IMPLEADED AS PER ORDER
DATED 31/07/2023 IN WPC NO.13204/2021
65. SHRI.V. K. VENKITACHALAM, AGED 73 YEARS,
S/O LATE V. N KRISHNA IYER, RESIDING AT PATTAMALI MADOM,
T.C. 35/571, THIRUVAMBADI P.O. , PIN- 680 022
ADDL. R65 IS IMPLEADED AS PER ORDER DATED
09/02/2024 IN I.A 48/2023 IN WPC NO.13204/2021.
P.T.O
66. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
ADDL.R66 IS SUO MOTU IMPLEADED AS PER ORDER DATED 01/03/2024 IN WP(C).
67. P.PRAVEEN, S/O PARAMESWARAN, MANGALAMKUNNU ANGADI,
KATTUKULAM P.O., PALAKKAD - 679 514.
ADDL.R67 IS IMPLEADED AS PER ORDER DATED 07/06/2024
IN IA 15/2024 IN WP(C).
68. PREETHI SREEVALSAN, AGED 44 YEARS, D/O DR.B.SREEVALSAN,
RESIDING AT TC V/608, CHERUMUKKU TEMPLE ROAD,
CHEMBUKKAVU, THRISSUR - 680 020, MOB : 9846030700,
EMAIL : [email protected]
ADDL. R68 IS IMPLEADED AS PER ORDER DATED 07/06/2024
IN IA 19/2024 IN WP(C).
ADDL. R69 & R70 IMPLEADED
69. THE KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION LTD.
CHANDRASEKHARAN NAIR STADIUM, PALAYAM, THIRUVANANTHAPURAM- 695 033
70. K.J RAPHEL, KURUPPASSERY HOUSE, ARATTUTHARA,
MANANTHAVADY, WAYAYNAD DISTRICT- 670 645.
ADDL. R69 & R70 ARE SUO MOTU IMPLEADED AS PER ORDER
DATED 26/06/2024 IN IA 21/2024 IN WP(C).
P.T.O.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings relating to any construction activities in Pakkam Kuruva Eco
Tourism point under the South Wayanad Forest Division, the Kuruva Island
and to direct the Kerala Police Housing and Construction Corporation
(KPHCC) and to direct the Division Forest Officer, South Wayanad to
implement the same in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. K.SANDESH RAJA , DENU JOSEPH, ASWIN T SURESH, Advocates for the
applicant in IA/R31 in WP(C), DEPUTY SOLICITOR GENERAL OF INDIA &
SRI.JAISHANKAR V.NAIR, CENTRAL GOVERNMENT COUNSEL for R2 in IA/R1 in WPC,
SMT.M.U.VIJAYALAKSHMI, STANDING COUNSEL for R3 in IA/R2 in WPC, SRI.ASOK
M.CHERIAN, ADDITIONAL ADVOCATE GENERAL for R4 to R7 in IA/R3 to R6 in WPC,
SMT.AYSHA YOUSEFF & SRI.MANU GOVIND, Advocates for R8 in IA/R7 in WPC,
SRI.SHAJI.T.A., DIRECTOR GENERAL OF PROSECUTION & P.NARAYANAN, ADDL.PUBLIC
PROSECUTOR for R9 in IA/R8 in WPC, Advocate SMT.SRUTHY N.BHAT (PARTY IN
PERSON) as R10 in IA/Addl.R9 in WPC, M/S.ADITHYA RAJEEV & NIHARIKA HEMA
RAJ, Advocates for R11 in IA/R10 in WPC, SRI.ANGELS NAIR PARTY IN PERSON
AS R12 in IA/Addl.R11 in WPC, M/S.M.R HARIRAJ, GANGA A.SANKAR, REJIVUE,
THANUJA ROSHAN, CHACKOCHEN VITHAYATHIL, VISHNU RAJAGOPAL, VISWAJITH.C.K. &
GISHA G.RAJ, Advocates for R13 in IA/Addl.R12 in WPC, M/S. B.S.SWATHI
KUMAR, ANITHA RAVINDRAN & HARISANKAR N UNNI, Advocates for R14 in IA/Addl.
R13 in WPC, SRI.S. JAMAL, Advocate for R15 in IA/Addl. R14 in WPC, M/S.
K.V.PRAKASH, D.G. VIPIN, KAROL MATHEWS SEBASTIAN ALANCHERRY, Advocates for
R16 in IA/Addl.R15 in WPC, M/S.ASWIN GOPAKUMAR, KANDAMPULLY VIKRAM &
NIKITHA SUSAN PAULSON for R17 in IA/Addl. R16 in WPC, M/S.KRISHNA PRASAD.
S, SINDHU S.KAMATH & ROHINI NAIR, Advocates for R18 in IA/Addl.R17 in WPC,
M/S.PRASANTH S.R. & BHANU THILAK, Advocates for R19 in IA/Addl.R18 in WPC,
SRI.BRIJESH MOHAN, Advocate for R20 in IA/Addl.R19 in WPC, SRI.
NANDAKUMARA MENON SENIOR ADVOCATE ALONG WITH SRI.P.K.MANOJ KUMAR, ADVOCATE
for R21 in IA/Addl.R20 in WPC, SRI.M.K.CHANDRAMOHAN DAS & SRI.S. SREEKUMAR
ADVOCATE FOR R22 in IA/Addl.R21 in WPC, SRI.SANTHOSH.P.PODUVAL, ADVOCATE
FOR R23 in IA/Addl.R22 in WPC, SRI.K.JANARDHANA SHENOY, SC for R24 in
IA/Addl.R23 in WPC, SRI.V.KRISHNA MENON, ADVOCATE FOR R25 in IA/ADDL.R24
in WPC, SMT.MEENA JOHN, ADVOCATE FOR R26 in IA/ADDL R25 in WPC, M/S.
S.R.K. PRATHAP, JISSMON A.KURIAKOSE, Advocates for R27 in IA/R26 in WPC,
SMT.RANJINI HARIDAS (PARTY IN-PERSON) for R28 in IA/Addl. R27 in WPC, M/S.
P.R. VENKATESH & KEERTHIVAS. G., Advocates for R29 in IA/Addl. R28 in WPC,
M/S.UMA DEVI. M., Advocate for R30 in IA/Addl.R29 in WPC, M/S. RAJESH
VIJAYAN & SIKHA S.NAIR, Advocates for R31 in IA/Addl. R30 in WPC,
SRI.JAISHANKAR V.NAIR, CENTRAL GOVERNMENT COUNSEL for R32 in IA/WPC, M/S.
ADITYA THEJUS KRISHNAN & FERHA AZEEZ, Advocates for R33 in IA/WPC,
M/S.BHANU THILAK & S.R.PRASANTH, Advocates for R34, R65 in IA/WPC,
SRI.MANOJ RAMASWAMY, Advocate for R35 & R37 in IA/WPC, SMT.SREEJA SOHAN,
SRI.ATUL SOHAN Advocates for R36 in IA/WPC, SRI.ANIL SIVARAMAN, Advocate
for R38 in IA/WPC, M/S. SSRI.V.M.KRISHNAKUMAR & P.S.SIDHARTHAN, Advocate
for R39 & R40 in IA/WP(C), M/S. AUGUSTINE JOSEPH, TONY AUGUSTINE &
AISWARYA E.J. VETTIKOMBIL, Advocates for R41 in IA/WP(C), M/S.NEERAJ
NARAYAN & HARIKRISHNAN. R., Advocates for R42 in IA/WP(C),
M/S.CHANDRASEKHAR & P.M. SATHEESH, Advocates for R43 & R44 in
IA/WP(C),SRI. ARUN THOMAS, Advocate for R45 & R47 in IA/WP(C), SRI.JOICE
GEORGE, Advocate for R46 in IA/WP(C), M/S.ALEX M.SCARIA, SARITHA THOMAS,
ALEN J.CHERUVIL, SAHL ABDUL KADER & SANJITH KUMAR. R., Advocates for R48
in IA/WP(C), M/S.PAUL P.ABRAHAM & TOBIAS TOGI MATHEW, Advocates for R49 in
IA/WP(C), SMT. I.SHEELA DEVI, BINESH K N, Advocates for R52 in IA/WP(C),
M/S. SANDESH RAJA, DENU JOSEPH, ASWIN T.SURESH & MUHISEENA V.Z, Advocates
for R54 in IA/WP(C),M/S.GAYATHRI MURALEEDHARAN, RAMAKRISHNAN M.N.& ARATHY
P. Advocates for R55 in IA/WP(C), Adv. SREERAJ. M.D for ADDL. R57 TO R60
in IA/WP(C), M/S. SRUTHY.N BHAT & NIKITA.J MENDEZ, Advocates for ADDL.R61
in IA/WP(C), SMT. LATHA ANAND, Advocate for ADDL.R63 in IA/WP(C), SRI.V.
SANTHARAM, Advocate for Addl. R64 in IA/WP(C), GOVERNMENT PLEADER for
Addl.R66 in IA/WP(C), M/S. S.PRASANTH, C.R.SYAM KUMAR, HELEN P.A, ATHUL
ROY & STEPHANIE SHARON, Advocates for Addl.R67 in IA/WP(C), M/S. ALINA
ANNA KOSE, RAHEENA P.I, KARTHIKA GANESH, VISHNU PRASAD N.K & SANDHRA
MARIYA SEBASTIAN, Advocates for Addl.R68 in IA/WP(C), SRI.C.K GOVINDAN,
STANDING COUNSEL for R69 in IA/WP(C), SRI.NAGARAJ NARAYANAN, SPECIAL
GOVERNMENT PLEADER, SRI.N.K SUBRAMANIAN, SRI. ARUN CHANDRAN, SRI. RANJITH
THAMPAN, Senior Advocate) and of SRI.S.RAMESH BABU (SENIOR ADVOCATE) &
SRI.T.C.SURESH MENON, AMICI CURIAE, the Court passed the following:
P.T.O
DR. A.K.JAYASANKARAN NAMBIAR
&
GOPINATH P., JJ.
------------------------------
WP (C).No.13204 of 2021
---------------------------------
Dated this the 26th day of June, 2024
ORDER
Gopinath P., J.
Sri. Renjith Thampan, the learned Senior counsel appearing on instructions of Advocate V.M. Krishnakumar submits that the elephant 'Abhimanyu', which is now in the custody of the Forest Department pursuant to the orders issued by this Court may be returned to its owner/custodian. In order to consider this prayer, we direct the projected owner/custodian to produce details of the ownership of the said elephant or the authority under which he is holding the elephant by the next date of posting.
2. Sri. Nagaraj Narayanan, the Special Government Pleader Forest submits that the details of all the captive elephants in the State available with the Forest Department have been received and the list of the elephants will be placed before this Court by the next date of posting.
3. Sri. Ramesh Babu, the learned Senior counsel assisting this Court as Amicus curiae pointed out the urgent need for providing fencing in the waste dumpyard being used by the Munnar Grama Panchayath at :2: WP (C).No.13204 of 2021 Kallar to prevent the entry of wild elephants into the area. The learned Standing counsel appearing for the Munnar Grama Panchayath submits that there is an extreme shortage of funds to the Panchayath. We have requested the Additional Advocate General to obtain instructions as to whether the funds can be provided by the Government in the first instance and on account to be adjusted against other amounts payable by the Government to the Panchayath. We also request the learned Additional Advocate General to inform us as to whether any funds available with the District Disaster Management Authority can be used for the said purpose.
4. We have been informed of a shocking incident where the mahout of an elephant that has been used for Safari in Idukki district was killed by the elephant. It is stated that the said safaries are totally illegal and nearly 36 elephants are being used for such safaries across the State without any permission from any authority including the Forest Department. The District Collector, Idukki, is directed to place a report regarding the legal basis for the conduct of these so called safaries by private individuals. The District Collector shall also place details of any compensation that has been given to the family of the deceased mahout.
:3:WP (C).No.13204 of 2021 I.A.No.21 of 2024:
Sri. Sandesh Raja, the learned counsel appearing for the applicant in this I.A would submit that the sanction has been accorded for construction activities worth about Rs.2 crores for the purposes of ecotourism at the Kuruva Island. The learned Additional Advocate General shall obtain urgent instructions as to how such sanction has been granted for construction activities.
2. In the light of the orders issued by us regarding the conduct of the ecotourism centre at Kuruva Island, we deem it appropriate to direct that no construction activities shall be continued at Kuruva Island without obtaining further orders from this Court.
3. The Kerala Police Housing and Construction Corporation Ltd, Chandrasekharan Nair Stadium, Palayam, Thiruvananthapuram -
695033 and K.J. Raphel, Kuruppassery House, Arattuthara Mananthavady, Wayanad District, are suo motu impleaded as additional respondents 69 and 70 in the Writ Petition and also in this I.A. Sri.Sandesh Raja the learned counsel for the applicant is directed to serve a copy of the Interlocutory Application to Sri.C.K.Govindan, who is stated to be the learned Standing counsel for the Kerala Police :4: WP (C).No.13204 of 2021 Housing and Construction Corporation Ltd. Issue notice by speed post to the additional respondent No.70.
Post on 05.07.2024.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
GOPINATH P. JUDGE mns 26-06-2024 /True Copy/ Assistant Registrar