Kerala High Court
In Re Captive Elephants vs Union Of India on 6 September, 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.
Friday, the 6th day of September 2024 / 15th Bhadra, 1946
IA.NO.23/2024 IN WP(C) NO. 31520 OF 2024(S)
(IA 29/2024 IN WP(C) 13204/2021)
APPLICANTS/RESPONDENTS 12 & 13:
1. RADHAKRISHNAN, PANANCHERRY HOUSE, PAYYAPPILLY MOOLA,
PUTHUR, THRISSUR - 680 014.
2. GANESAN, S/O SRI.RADHAKRISHNAN, PANANCHERRY HOUSE,
PAYYAPPILLY MOOLA, PUTHUR, THRISSUR - 680 014.
RESPONDENTS/PETITIONER & RESPONDENTS:
1. 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.
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-695 036.
6. STATE OF KERALA, REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 036.
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. STATE POLICE CHIEF, KERALA, THIRUVANANTHAPURAM, PIN-695 010.
10. 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.
11. 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.
12. ANGELS NAIR, GENERAL SECRETARY,
ANIMAL LEGAL FORCE INTEGRATION, AGED 54 YEARS,
KAPPILLIL HOUSE, PULLUVAZHY P.O., PERUMBAVOOR,
ERNAKULAM DIST. PIN-683 541.
13. M.N. JAYACHANDRAN, AGED 63 YEARS, S/O.K. NARAYANAN NAIR,
RESIDING AT 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, 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.
18. ANIMAL RESCUE REHABILITATION & OVERALL WELLNESS (ARROW),
214/IX KADAMANNIL, KUMBAZHA NORTH, MYLAPRA P.O.,
PATHANAMTHITTA-689 671, REPRESENTED BY ITS MANAGING TRUSTEE.
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, REPRESENTED BY ITS SECRETARY.
21. THE MUNICIPAL CORPORATION, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY
22. THE MUNICIPAL CORPORATION, KOLLAM, REPRESENTED BY ITS
SECRETARY
23. MUNICIPAL CORPORATION, THRISSUR,
REPRESENTED BY ITS SECRETARY
24. MUNICIPAL CORPORATION, KOCHI, REPRESENTED BY ITS
SECRETARY
25. MUNICIPAL CORPORATION, KOZHIKODE,
REPRESENTED BY ITS SECRETARY
26. MUNICIPAL CORPORATION, KANNUR, REPRESENTED BY ITS
SECRETARY.
27. MADRAS ANIMAL RESCUE SOCIETY 4/339, SANGARAPURAM,
FIRST STREET, PALAVAKKAM, CHENNAI - 600041,
REPRESENTED BY ITS SECRETARY AND TRUSTEE, VIVEK K. VISWANATH,
S/O.ACHUTHAN, AGED 29 YEARS, HAVING PERMANENT ADDRESS AT
KARUNELLIPARAMBIL HOUSE, KAIPARAMBU P.O., THRISSUR - 680 546
AND NOW RESIDING AT GODAVARI HOSTEL, IIT MADRAS, CHENNAI - 600 036.
28. 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
29. GAURI MAULEKHI, AGED 44 YEARS, W/O.DUSHYANT MAULEKHI,
RESIDING AT 40/153, CR PARK, NEW DELHI-110 019.
30. 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.
31. DR.ZAHIRA. B., AGED 51 YEARS, W/O.DR.MANZOOR AHAMMED,
CHUNGASSERI MANZIL, PADA NORTH, KARUNAGAPPALLY P.O.,
KOLLAM-690 518.
32. SANTHOSH. T.S., AGED 46 YEARS, S/O.T.V. SASIDHARAN,
RESIDING AT THIRUNILATHU HOUSE, NETTOOR P.O.,
MARADU, ERNAKULAM-682 040.
33. UNION OF INDIA, REPRESENTED BY THE MINISTRY OF ENVIRONMENT
FOREST AND CLIMATE CHANGE (FOREST AND WILD LIFE DIVISION,
PROJECT ELEPHANT), NEW DELHI-110 003.
34. PRADEEP P.D., AGED 33 YEARS, S/O.DIVAKARAN,
PUTHUVAL NIKARTH, PALLIPURAM P.O.,
CHERTHALA, 688 541, ALAPPUZHA.
35. AKSHAY V.PRABHU, S/O.VEDANGA G.PRABHU,
AKSHAYA HOSPITAL, KADAVANTHRA, KOCHI, KERALA-682 020.
36. KOLLAM DISTRICT PANCHAYATH, KOLLAM DISTRICT,
PIN-691 001, REPRESENTED BY ITS SECRETARY.
P.T.O.
37. 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.
38. THE PUNALUR MUNICIPALITY,
REPRESENTED BY ITS SECRETARY.
39. 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.
40. JOSE K.MANI, MEMBER OF PARLIAMENT, CHAIRMAN,
KERALA CONGRESS (M), STATE COMMITTEE OFFICE,
NEAR FIRE STATION, KOTTAYAM-686 001.
41. JEEVAN RAJEEV, AGED 30 YEARS, S/O.RAJEEV. A.,
KARTHIKA, PAKKAIL P.O., KOTTAYAM-686 013.
42. DR. K.P. SHIBU, AGED 53 YEARS, S/O. K.S. PAVITHRAN,
KURUNDODATH HOUSE, EROOR SPO., PIN-682 306.
43. DR.ANITHA M.A., AGED 51 YEARS, W/O. DR. K.P. SHIBU,
KURUNDODATH HOUSE, EROOR SPO.
44. CHINNAKKANAL GRAMA PANCHAYAT, REPRESENTED BY
ITS SECRETARY, CHINNAKKANAL P.O., IDUKKI-685 618
P.T.O.
45. SANTHANPARA GRAMA PANCHAYAT, REPRESENTED BY ITS PRESIDENT,
OFFICE OF THE SANTHANPARA GRAMA PANCHAYAT,
SANTHANPARA P.O., IDUKKI DISTRICT, PIN-685 619.
46. DEAN KURIAKOSE, AGED 42 YEARS, S/O A.M. KURIAKOSE,
ANANICKAL HOUSE, PAINGOTTOOR P.O., KULAPPURAM,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 671.
47. 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.
48. SUJIMOL K.R., AGED 32 YEARS, D/O.RAJU,
RESIDING AT KINTTAKAL 595 A, SINGUKANDAM, ANGANVADI,
SURANALLY, CHINNAKANAL, IDUKKI, KERALA-685 618.
49. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS &
HEAD OF FOREST FORCE, FOREST HEAD QUARTERS, VAZHUTHACAUD,
THYCAUD P.O., THIRUVANANTHAPURAM-695 014.
50. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE) &
CHIEF WILDLIFE WARDEN (KERALA), FOREST HEAD QUARTERS,
THYCAUD P.O., THIRUVANANTHAPURAM-695 014.
51. ATHIRAPILLY GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, VETTILAPPARA,
PERIYARAM, KERALA
52. THE MEMBER SECRETARY,
KERALA STATE LEGAL SERVICES AUTHORITY.
53. ANEESH MATHEW, AGED 47 YEARS, S/O. MATHEW, RESIDING AT
VENGALISHERRIL VEEDU, CHINNAKANAL PANCHAYAT,
UDUMBANCHIRA TALUK, MUNNAR PIN :685 618.
P.T.O.
54. 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.
55. THE EMPLOYEES PROVIDENT FUND ORGANIZATION,
REGIONAL OFFICE AT THIRUVANANTHAPURAM,
REPRESENTED BY THE REGIONAL PROVIDENT FUND COMMISSIONER.
56. PAL RAJ, AGED 52 YEARS, S/O. OORU MOOPPAN,
DOOR. NO. 150, CHEMBAKA THOZHU KUDI,
SINKUKANDAM P.O, CHINNAKANAL, IDUKKI - 685 618.
57. MUTHUKUMAR, AGED 51 YEARS, S/O. OORU MOOPAN,
DOOR NO. 54, PACHAPULKUDI, SINKUKANDOM P.O,
SURYANELLI - IDUKKI - 685 618.
58. CHANDRAN T, AGED 50 YEARS, S/O. OORU MOOPAN,
DOOR NO. 87, TANK KUDI, SINKUKANDOM P.O,
CHINNAKANAL - IDUKKI - 685 618.
59. YASHODARAN K, AGED 48 YEARS, S/O. OORU MOOPAN,
DOOR NO. 225, 301 COLONY, SINKUKANDAM P.O,
CHINNAKANAL, IDUKKI - 685 618.
60. PEOPLE FOR ANIMAL WELFARE, SM HOSPITAL,
THANA P.O., KANNUR - 670 012,
REPRESENTED BY ITS PRESIDENT DR. SUSHMA PRABHU
61. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM,
PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR
62. THE KERALA HYDEL TOURISM, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR.
P.T.O.
63. THE AIRPORT AUTHORITY OF INDIA,
TRIVANDRUM INTERNATIONAL AIRPORT CHACKAI SIDE,
THIRUVANANTHAPURAM-695 008, REPRESENTED BY AIRPORT MANAGER.
64. 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
65. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
66. P.PRAVEEN, S/O PARAMESWARAN, MANGALAMKUNNU ANGADI,
KATTUKULAM P.O., PALAKKAD - 679 514.
67. 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]
68. THE KERALA POLICE HOUSING AND CONSTRUCTION
CORPORATION LTD. CHANDRASEKHARAN NAIR STADIUM,
PALAYAM, THIRUVANANTHAPURAM - 695 033.
69. K.J.RAPHEL, KURUPPASSERY HOUSE, ARATTUTHARA,
MANANTHAVADY, WAYANAD DISTRICT - 670 645.
Application praying that in the circumstances stated in the affidavit
filed therewith the High Court be pleased to direct the release of the
elephant "Abhimanyu" to the petitioner herein as per the order dated
09/03/2023.
P.T.O.
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.
V.M.KRISHNAKUMAR & P.S.SIDHARTHAN, Advocates for the applicants in IA/R12 &
R13 in WPC, DEPUTY SOLICITOR GENERAL OF INDIA & SRI.JAISHANKAR V.NAIR, CENTRAL
GOVERNMENT COUNSEL for R2,R3 & R33 in IA/R1,R2 & R11 in WPC, SRI.ASOK
M.CHERIAN, ADDITIONAL ADVOCATE GENERAL,SRI.P.NARAYANAN,ADDL. PUBLIC PROSECUTOR
& T.S.SHYAM PRASANTH,GOVERNMENT PLEADER, 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, SRI.ANGELS NAIR PARTY IN PERSON AS R12 in
IA/R9 in WPC, SRI.M.R.HARIRAJ (SENIOR) along with M/S.GANGA A.SANKAR, REJIVUE,
THANUJA ROSHAN, CHACKOCHEN VITHAYATHIL, VISHNU RAJAGOPAL, VISWAJITH.C.K. &
GISHA G.RAJ, Advocates for R13 in IA/R10 in WPC, GOVERNMENT PLEADER for R49 &
R50 in IA/R14 & R15 in WPC, M/S. SANDESH RAJA, DENU JOSEPH, ASWIN T.SURESH &
MUHISEENA V.Z, Advocates for R53 in IA/R16 in WP(C), SMT.DHANYA
P.ASHOKAN,SENIOR ADVOCATE a/w M/S.GAYATHRI MURALEEDHARAN, RAMAKRISHNAN M.N.&
ARATHY P. Advocates for R54 in IA/R17 in WP(C), M/S.BHANU THILAK &
S.R.PRASANTH, Advocates for R64 in IA/R18 in WPC, SRI.P.K.SURESH KUMAR (SENIOR
ADVOCATE) along with SMT. ANJALI MENON, Advocates for R66 in IA/R19 in WPC and
of SPECIAL GOVERNMENT PLEADER, SRI.S.RAMESH BABU (SENIOR ADVOCATE) &
SRI.T.C.SURESH MENON, AMICI CURIAE, the Court passed the following:
DR. A.K.JAYASANKARAN NAMBIAR, J.
&
GOPINATH P., J.
-------------------------------
W.P.(C).NO.31520 OF 2024
-----------------------------------
Dated this the 6th day of September, 2024
ORDER
Gopinath P., J. I.A.No.17 of 2024:
Having heard the learned senior counsel appearing for the applicant for some time, we are of the opinion that in view of the submission that the elephant in question belongs to Smt.Ragi Sreevalsan, Managing Partner, Sree Maheswara Group, Annamanada, Thrissur, it is necessary to implead the aforesaid person as the additional 71st respondent in the I.A. Registry shall issue notice to the additional 71st respondent in the I.A. by speed post. The additional 71st respondent shall ensure that she is duly represented before this Court on the next date of posting. Copy of this order shall also be issued along with the notice to be issued to the additional 71 st respondent.
I.A.No.21 of 2024:
Having heard the learned counsel appearing for the applicant for some time, we are of the view that in view of the submission that the elephant in question belongs to Sri.V.Shaji, S/o.Viswambharan, W.P.(C).NO.31520/24 :: 2 ::
Kaveri, Kollam, it is necessary to implead the aforesaid person as the additional respondent No.71 in the I.A. Registry shall issue notice to the additional respondent No.71 in the I.A. by speed post and the additional respondent No.71 shall ensure that he is duly represented before this Court on the next date of posting. Copy of this order shall be issued along with the notice to be issued to the additional respondent No.71.
I.A.No.10 of 2024:
The above application is filed to implead the petitioner in the I.A. as an additional respondent in W.P.(C).No.31520 of 2024.
Heard. Allowed. The petitioner in the above I.A. is impleaded as additional respondent No.21 in W.P.(C).No.31520 of 2024. I.A.No.23 of 2024:
Having heard the learned senior counsel appearing for the petitioner, the learned Government Pleader appearing for the Official respondents, the learned Amicus, and the other learned counsel appearing for the parties, in order to ascertain the present health condition of the elephant "Abhimanyu", which is now in the custody of the Forest Department, we request Sri.T.C.Suresh Menon, the learned Amicus, Sri.M.R.Hariraj, learned senior counsel and also Sri.Nagaraj Narayanan, the learned Special Government Pleader (Forest) to conduct an inspection and report before this Court as regards the W.P.(C).NO.31520/24 :: 3 ::
present health condition of the above elephant and the manner in which it is presently being looked after by the Forest Department. They shall also assess the suitability of the present site suggested by the petitioner in the above I.A. W.P.(C).No.31520 of 2024:
Post on 27.09.2024.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
GOPINATH P. JUDGE prp/7/9/24 06-09-2024 /True Copy/ Assistant Registrar