Kerala High Court
Idukki Society For Prevention Of ... vs State Of Kerala on 10 February, 2009
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE ACTING CHIEF JUSTICE MR.THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 9TH DAY OF MARCH 2017/18TH PHALGUNA, 1938
WP(C). NO.7693 OF 2017 (S)
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PETITIONER(S):
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IDUKKI SOCIETY FOR PREVENTION OF CRUELTY AGAINST ANIMALS
PB NO.66, THODUPUZHA PO, IDUKKI-685584,
REPRESENTED BY ITS SECRETARY M.N.JAYACHANDRAN,
AGED 59 YEARS, S/O.K.NARAYANAN NAIR,
RESIDING AT MUNDAMATTOM HOUSE, THODUPUZHA P.O.,
IDUKKI -685 584.
BY ADVS.SRI.M.R.HARIRAJ
SMT.B.MEERA
SRI.P.A.KUMARAN
SMT.PRIYADA R MENON
SMT.G.BINDU
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
DEPARTMENT OF FORESTS AND WILD LIFE,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE,
INDIRA PARYAVARAN BHAVAN, JOR BAGH ROAD,
NEW DELHI -110 003.
3. PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND WILDLIFE,
FOREST HEAD QUARTERS, STATE OF KERALA,
VAZHUTHAKAD, THIRUVANANTHAPURAM -695 014.
4. CHIEF WILD LIFE WARDEN,
FOREST HEAD QUARTERS, STATE OF KERALA,
VAZHUTHAKAD, THIRUVANANTHAPURAM -695 014.
...2/-
WPC. NO.7693/17(S)
:2:
5. ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FOREST,
BIO DIVERSITY CELL, FOREST HEAD QUARTERS,
STATE OF KERALA, VAZHUTHAKAD,THIRUVANANTHAPURAM-695 014.
6. DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS, THIRUVANANTHAPURAM.
7. DISTRICT COLLECTOR, TRISSUR DISTRICT,
CIVIL STATION, AYYANTHOL, TRISSUR-680 003.
8. ASSISTANT CONSERVATOR OF FOREST,
SOCIAL FORESTRY, PALACE ROAD,
CHEMPOOKKAVU PO, TRISSUR -680 020.
9. DISTRICT COLLECTOR, ERNAKULAM,
CIVIL STATION, KAKKANAD, KOCHI -682 031.
10. ASSISTANT CONSERVATOR OF FOREST,
SOCIAL FORESTRY, MANIMALAKKUNNU ROAD,
EDAPPALLY -682 024.
11. THECHIKOTTUKAVU POOTHIRIKAVU DEVASWOM,
REPRESENTED BY ITS PRESIDENT,
PREAMANGALAM PO, TRISSUR-680 545.
12. KANJIRAMATTOM KSHETHRA SAMVARDHINI SAMAJAM,
KANJIRAMATTOM KOOTTEKKAVU BHAGAVATHI TEMPLE,
KANJIRAMATTOM.
13. ANIMAL WELFARE BOARD OF INDIA,
REPRESENTED BY ITS SECRETARY, 13/1,
3RD DEAWARD ROAD, VALMIKI NAGAR,
TIRUVANMIYOOR, CHENNAI.
R2 BY ADV. SRI.S.VAIDYANATHAN, CGC
R11 BY ADV. SRI.G.SREEKUMAR (CHELUR)
R13 BY ADVS. SRI.K.JAJU BABU (SR)
SMT.M.U.VIJAYALAKSHMI, SC,
SRI.BRIJESH MOHAN
R12 BY ADV. SRI.M.R.NANDAKUMAR
R2 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R1& R3 TO R10 BY SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF
THIS WRIT PETITION(CIVIL) HAVING BEEN FINALLY HEARD ON 09-03-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).7693/17(S)
APPENDIX
PETITIONER(S)' EXHIBITS:
P1: COPY OF JUDGMENT IN WP(C) NO.4414 OF 2009 DATED 10.2.2009.
P2: COPY OF ORDER NO. TG 652/10 DATED 4.5.2010 ISSUED BY THE DFO,
TRISSUR.
P3: COPY OF ORDER NO. TG 652/10 DATED 22.7.2010 OF THE DFO,TRISSUR.
P4: COPY OF REPORT DATED 11.8.2010.
P5: COPY OF JUDGMENT DATED 11.2.2011 IN WPC NO.4216 OF 2010.
P6: COPY OF THE ORDER NO. TC 2-652/10 DATED 19.02.2011 ISSUED BY
THE DFO, TRISSUR.
P7: COPY OF THE JUDGMENT DATED 21.3.2011 IN WP(C). NO.6592/2011.
P8: COPY OF MEDICAL EXAMINATION DATED 26.2.2016 PRODUCED BY THE
11TH RESPONDENT AS PART OF WPC NO.6210/2017.
P9: COPY OF ORDER DATED 10.6.2016 IN I.A. NO.9114/2016 IN WP(C).
NO. 12660/2016.
P10: COPY OF ORDER VE1/17172/16 ISSUED BY THE ADDITIONAL PRINCIPAL
CHIEF FOREST CONSERVATOR, VIGILENCE AND FOREST INTELLIGENCE.
P11: COPY OF NOTICE NO.SF 1-80/2016 DATED 17.8.2016.
P12: COPY OF REPORT IN MATHRUBHUMI DIGITAL PAPER DATED 20.2.2017.
P13 COPY OF ORDER NO.BDC2-5578/2017 DATED 4.2.2017.
P14: COPY OF CLINICAL EXAMINATION REPORT DTD.27.1.2017 OF A BOARD
OF DOCTORS FROM DISTRICT VETERINARY CENTRE AND OTHER
INSTITUTES.
P15: COPY OF HEALTH CERTIFICATE ISSUED ON 15.11.2016.
P16: COPY OF RELEVANT PORTION OF THE PROGRAMME NOTICE ISSUED BY THE
12TH RESPONDENT.
P17: COPY OF CIRCULAR NO.2853/D2/2013/FOREST DATED 20.3.2013.
WP(C).7693/17(S)
APPENDIX(2)
P18: COPY OF CIRCULAR NO. 1/2016-BD-C2 4184 DATED 09.02.2016.
P19: COPY OF INTERIM ORDER DATED 18.8.2015 IN WP(C). NO.743/2014 ON
THE FILES OF THE HONOURABLE SUPREME COURT OF INDIA.
RESPONDENT(S)' EXHIBITS:-
NIL
KRJ
/TRUE COPY/
P.A. TO JUDGE
THOTTATHIL B. RADHAKRISHNAN, AG. CJ &
ANU SIVARAMAN, J
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W.P(C) No.7693 of 2017
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Dated this the 9th day of March, 2017
JUDGMENT
Thottathil B. Radhakrishnan, Ag. CJ
1.We have heard the learned counsel for the petitioner, the learned counsel for the private respondents and the learned Special Government Pleader appearing for the Department of Forests.
2.Prima facie, we see that the situation relating to the captive elephants, in connection with festivals, is governed by different provisions of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003 (for short, the 'Rules') issued by the Government of Kerala in exercise of the powers under sub-section (2) of Section 64 of the Wildlife (Protection) Act, 1972.
3.The subject matter of this writ petition relates to an elephant by name "Thechikottukavu Ramachandran". The transit and use of the elephants in festivals is governed by the Rules. It provides a statutory certificate, viz. health certificate, in terms of Rule 4(17) of the Rules.
WP(C).7693/17 -:2:-
4.If Exhibit P14 certificate, issued on 27.1.2017, is to be taken into consideration, it is issued showing that the elephant in question is one of controllable temperament and is found to be apparently healthy and could be put to use for matters stated therein. Therefore, if Exhibit P14 is issued by a Veterinary Doctor, the said certificate can be prima facie relied upon for the purpose of the Rules relating to the use of elephant in festivals and also for its transit. We say this because, Rule 12 of the Rules, which relates to Registration of Veterinary Doctors, is relevant only for tranquilizing elephants and not for certifying the health of elephants.
5.Once the certificate of fitness has been issued by the Veterinary Doctor, it is now for the District Committee of the concerned district to ensure that the festival committee does not put the elephant to use, in any manner, adverse to what is stated in the fitness certificate and also to ensure that the use of the elephant in question by exposing it to the festival is in conformity with the different provisions of the Rules, in particular, Rule 10(4).
6.For the aforesaid reasons, we order this writ petition directing that exhibition or parading of the elephant "Thechikottukavu WP(C).7693/17 -:3:- Ramachandran" shall be under the guidelines and control of the District Committees, Thrissur and Ernakulam. It will be open to the District Committee concerned to issue such directions or instructions, as may be found necessary, in accordance with the provisions of the Rules. Since we are told that the correctness of some of the directions issued by the officers of the Forest Department are pending consideration in other writ petitions, we leave open all such issues and order this writ petition without prejudice to the contentions in any matter.
7.The interim order issued on 8.3.2017 will stand vacated. Writ petition is ordered accordingly.
Sd/-
Thottathil B. Radhakrishnan, Acting Chief Justice Sd/-
Anu Sivaraman, Judge krj.9/3