Kerala High Court
Manikantan S vs The Principal Chief Conservator on 7 February, 2017
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 29TH DAY OF MARCH 2017/8TH CHAITHRA, 1939
WP(C).No. 9050 of 2017 (E)
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PETITIONER(S):
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MANIKANTAN S.
CONVENER, ELEPHANT POOJA,
MARIAMMAN THIRUKKOVIL,
UDUMALA PETTAI, THIRUPOOR DISTRICT,
PIN 642 126, TAMILNADU.
BY ADV. SRI.N.MAHESH
RESPONDENT(S):
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THE PRINCIPAL CHIEF CONSERVATOR
FORESTS (WILD LIFE) AND CHIEF WILD LIFE, WARDEN,
FOREST HEAD QUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM 695 001.
BY K.SANDESH RAJA,SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29-03-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 9050 of 2017 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 TRUE COPY OF THE REPRESENTATION DATED 7.2.2017 BEFORE THE
RESPONDENT
EXT.P2 TRUE COPY OF THE JUDGMENT IN WPC NO. 40490/2016 DATED
20.12.2016
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.A.TO JUDGE
dlk
SHAJI P. CHALY, J.
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W.P.(C) No.9050 of 2017
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Dated this the 29th day of March, 2017
JUDGMENT
Petitioner is the convenor of elephant puja at Sri.Mariammankovil Udumalpettai, Tirupur. The temple is celebrating annual pooja with rituals every year during the time of Pathamudayam for the general welfare of the country and the community. The festival begins with Vigneswara pooja by participating a captive bull elephant. This year also the temple is celebrating and performing Marriamman Pooja . The first day of the festival is scheduled on 13.4.2017 at 4 p.m. One male elephant is required for performing the above pooja and the elephant booked by the petitioner is 'Cherpulasherry Shekharan'. Petitioner filed a representation for permission for transportation of the aforementioned elephant from Cherpulassery in Palakkad District to Udumalpettai before the respondent. Along with representation true copies of ownership certificate, Insurance policy, No Objection letter from the owner of the elephant, microchip implantation certificate and the health certificate of the Veterinary Doctor was also produced. W.P.(C) No.9050 of 2017 2 However, no decision is taken by the respondent, which constrained the petitioner to approach this Court by filing this writ petition.
2. Heard learned counsel for the petitioner, learned special Government Pleader (Forest) and perused the documents and pleadings on record.
3. Learned counsel for the petitioner reiterated the contentions raised in the writ petition,
4. However, learned special Government Pleader on instructions submits that no application is received from the petitioner. However, when an application was received from the owner of the elephant named 'Cherpulasherry Shekharan' a hearing was posted on 6.3.2017 at 11a.m. However, the owner of the elephant failed to turn up and therefore the details could not be ascertained as to whether any permission is to be granted for transportation of the elephant outside the State.
5. However, learned counsel for the petitioner has today pointed out to me that an e-mail was received by the owner of the elephant only yesterday. That being the situation, I think it is only appropriate that an opportunity is provided to the owner of W.P.(C) No.9050 of 2017 3 the elephant to appear before the respondent. Accordingly, there will be a direction to the petitioner to ensure the presence of the owner of the elephant on 3.4.2017 before the respondent, and if the owner of the elephant appears before the respondent, a final decision shall be taken on his application within a week thereafter.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE dlk/29/3/