Madras High Court
Kundhavi Devi vs The State Of Tamil Nadu on 25 October, 2019
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
W.P.No.29613 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Judgment Reserved on : 17.10.2019
Judgment Pronounced on : 25.10.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE N.SESHASAYEE
W.P.No.29613 of 2019
Kundhavi Devi .. Petitioner
Vs
1.The State of Tamil nadu
Rep by the Secretary to Government
Environment & Forest Department
Secretariat, Fort St.George
Chennai.
2.The Principal Chief Conservator of Forests
and Chief Wildlife Warden
Department of Forests
Government of Tamil Nadu
No.1, Jennis Road, Panagal Buildings
Saidapet, Chennai – 600 015.
3.TREE Foundation India
5/25, Blue Beach Road
Neelankarai, Chennai – 600 115.
4.Wildlife Rescue and Rehabilitation Centre (WRRC)
Bannerghatta
Bangalore – 560 076. .. Respondents
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http://www.judis.nic.in
W.P.No.29613 of 2019
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the first respondent to
initiate action against the second respondent officials, men and agents
who participated in the translocation of the elephants for being in violation
of the Prevention of Cruelty to Animal Act 1960, the Wildlife (Protection)
Act 1972 and the Tamil Nadu Captive Elephants rules 2011.
For Petitioner : Mr.T.Mohan for
Ms.Nivedita S.Menon
For Respondents : Mr.S.V.Vijay Prashanth
Additional Government Pleader (Forest)
for R1 & R2
ORDER
[Order of the Court was made by N.SESHASAYEE,J.] The present writ petition is filed seeking issuance of Writ of Mandamus or any other writ in the nature of Mandamus, directing the first respondent to initiate action against the officials of the Principal Chief Conservator of Forests under the Prevention of Cruelty to Animals Act 1960, the Wildlife (Protection) Act 1972 and the Tamil Nadu Captive Elephants Rules, 2011.
2. This case has a contextual setting, and to appreciate the averments in the affidavit of the petitioner filed in aid of the petition, it is necessary to set forth the contextual background :
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http://www.judis.nic.in W.P.No.29613 of 2019 ● Sri Kanchi Kamokoti Peedam, Kancheepuram, possessed three female elephants, which it named as Sandhya, Jayanthi and Indumathi. A certain 'TREE Foundation India', the third respondent herein claimed it to be an Animal Welfare Organisation. The three named elephants were ailing, consequent to which, the Mutt addressed a communication dated 10.09.2015, requesting the second respondent herein, to grant necessary permission to transport the said three elephants to the Wildlife Rescue and Rehabilitation Centre (WRRC), at Mallur, Karnataka or at Marakkanam, Tamil Nadu, for veterinary care and specialized treatment. The permission was accorded to the Mutt for shifting the elephants to the care of the WRRC of the Tree foundation at Marakkanam for a period of three months. This was subsequently extended by another period of six months, Vide proceedings of the second respondent dated 03.10.2016. A stay of these elephants in the care of TREE Foundation was then extended by another three years, Vide proceedings dated 04.10.2017.
● It is in this setting, a certain S.Muralidharan had instituted a Public Interest Litigation in W.P.No.6030/2019, to direct the second respondent herein to close the illegal elephant shelter operated by the said TREE Foundation India, in Kurumbaram Village, 3/9 http://www.judis.nic.in W.P.No.29613 of 2019 Marakkanam Taluk, Villupuram District. This writ petition was contested by the TREE Foundation where as the Second respondent herein supported the move.
● This Court, Vide its order dated 19.09.2019, has entered a finding that the 3rd respondent herein does not have a legal sanction to have an elephant care facility, and that as per Tamil Nadu Captive Elephants Rules, 2011, elephants cannot be left in the care of any private facility permanently, and proceeded to direct that the elephants be left at the Elephant Rescue and Rehabilitation Centre, MR Palayam, Trichy, the facility which the Forest Department maintains. The operative portion of the order reads as follows:
“56. In the result, the writ petition is disposed of and the State Level Committee, in the light of the recommendation made by the District Level Captive Elephants Welfare Committee, Villupuram, shall take appropriate action as to the translocation / transfer of the three female captive elephants from the elephant care facility of the 5th respondent to the Elephant Care Facility at MR Palayam Elephant Rescue and Rehabilitation Centre at Trichy, within a period of four weeks from the date of receipt of a copy of this order and on such transfer/translocation, the said Entity / Elephant Care Facility at MR Palayam Elephant Rescue and Rehabilitation Centre at Trichy, shall comply with the Tamil Nadu Captive Elephants [Management and Maintenance] Rules, 2011. It is once again made clear that the three elephants 4/9 http://www.judis.nic.in W.P.No.29613 of 2019 shall be kept together in the said facility. The first respondent shall also file periodical Status Reports before this Court. In the circumstances of the case, there shall be no order as to costs. “ ● Subsequently, on 27.09.2019 by Mr.Sathish Parasaran, learned Senior Counsel who appeared for TREE Foundation in WP.No.6030/2019, submitted that in the process of shifting the said elephants from its care, to the official Elephant Rescue and Rehabilitation Centre at M.R.Palayam, the elephants were beaten. This Court, immediately required the officials to file their Status Report on the allegations made.
● WP.6030/2019 was listed again on 30.09.2019 and on the said date, the Status Report of the second respondent herein was filed, which indicated that on 26.09.2019, when the said elephants were sought to the shifted from the facility of TREE Foundation India (Elephant Care Facility (ECF) Marakanam), to the Elephant Rescue and Rehabilitation Centre at MR Palayam, Trichy, there were no mahouts or cavadies available there. Those at ECF, Marakkanam , of Tree foundation did not co-operate either, in shifting the elephants. This forced the officials to bring their experienced Tribal Mahouts and Cavadies from Forest Department Camp at Anamalai Tiger Reserve, Pollachi. With the help of these Mahouts and trained tribal 5/9 http://www.judis.nic.in W.P.No.29613 of 2019 elephant-men, two of the elephants (Indu and Jayanthi) had boarded the vehicle without much efforts, while the other named Sandhya did not co-operate. Therefore, it required some effort to push Elephant Sandhya on to the lorry.
● This Court, on perusal of the Status Report filed by the second respondent in WP.No.6030/2019, has directed the officials to file their periodical Status Reports with supporting documents in the form of photographs and video recordings, latest by 31.10.2019, to monitor how well the elephants are cared. The reports also contained photographs of the three elephants taking a shower along with another elephant in the center.
3.In the meantime, after the disposal of WP.No.6030/2019, and before this Court took note of the allegations of certain cruelty to the said elephants which was alleged to have occasioned in the process of trans- location, the present writ petition is filed.
4.The petitioner herein introduced herself as a herpetologist, that she is an animal lover and also a member of the Cuddalore District Level Captive Elephant Welfare Committee, and that she is a regular visiter of the Elephant Care Facility run by TREE Foundation, and as a part 6/9 http://www.judis.nic.in W.P.No.29613 of 2019 of her job, she visited the ECF at Marakkanam on 26.09.2019, and had noticed the cruelty inflicted on the animals and it is to take action against this alleged act of cruelty, the present petition is filed.
5.Heard Mr.T.Mohan and Ms.Nivedita S.Menon, learned counsels appearing for the petitioner. The learned Advocates made valiant efforts to persuade the Court to believe that the three elephants were badly ill-treated by the officials of the Forest Department. It was argued that the petitioner might be permitted to inspect the Elephant Care Facility, and to ascertain how well the said elephants are cared.
6.As already indicated, this Court has recorded the Status Report of the Forest Department, which indicates how animals were shifted from the unrecognised facility of TREE Foundation to the official Facility at MR Palayam, Trichy, and how some force was required, to make one of the elephants enter the lorry, and also how happy the elephants are at the Elephant Rescue and Rehabilitation Centre, MR Palayam, Trichy. This court is in seisin of the allegations made, and has indicated its keenness to monitor the well being of the elephants at the M.R. Palayam facility. This necessarily implies that the petitioner need not waste her anxiety worrying about the elephants now. Secondly, this court also does not intend to permit the petitioner to inspect the M.R.Palayam facility since the court itself has decided to monitor. Thirdly, this litigation only proliferates 7/9 http://www.judis.nic.in W.P.No.29613 of 2019 litigation on the same cause. How many actions should be there for remedying the same cause?
7.In conclusion, this court does not find any merit in the petition and the same is dismissed. No costs.
[M.S.N., J.,] [N.S.S., J]
25.10.2019
Index : Yes / No
Internet : Yes/No
Speaking order / Non-speaking order
ds
To:
1.The Secretary to Government
Environment & Forest Department
Secretariat, Fort St.George
Chennai.
2.The Principal Chief Conservator of Forests and Chief Wildlife Warden Department of Forests Government of Tamil Nadu No.1, Jennis Road, Panagal Buildings Saidapet, Chennai – 600 015.
8/9 http://www.judis.nic.in W.P.No.29613 of 2019 M.SATHYANARAYANAN, J., AND N.SESHASAYEE, J., ds W.P.No.29613 of 2019 25.10.2019 9/9 http://www.judis.nic.in