Kerala High Court
V.N.Santhosh Kumar vs The State Of Kerala on 22 October, 2020
Author: S.Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942
WP(C).No.22405 OF 2020(S)
PETITIONER:
V.N.SANTHOSH KUMAR
AGED 46 YEARS, S/O. NARAYANA PANICKER, ETTUVELIL
HOUSE, KAITHARAM P.O., NEAR OLD POST OFFICE,
KOTTUVALLY, KAITHARAM, ERNAKULAM-683 519
BY ADVS.SRI.JOSE ABRAHAM(J-1406)
SRI.E.ADITHYAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST
AND HEAD OF FOREST,
FOREST HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014.
3 THE PRINCIPAL CHIEF CONSERVATOR OF FOREST,
FORESTS (WILD LIFE) AND CHIEF WILDLIFE WARDEN,
VAZHUTHCADU, THIRUVANANTHAPURAM, PIN-695 014.
4 THE ASSISTANT CONSERVATOR OF FOREST,
SOCIAL FORESTRY DIVISION,
RAJEEV GANDHI NAGAR, VATTIYOORKAVU P.O.,
THIRUVANANTHAPURAM-695 014.
5 THE ASSISTANT CONSERVATOR OF FOREST,
KOLLAM SOCIAL FORESTRY DIVISION, VANASREE FOREST
COMPLEX, CHINNAKKADA, KOLLAM-691 001.
SRI.K.SANDESH RAJA, SPL. G.P. FOR RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.22405 of 2020-S
2
JUDGMENT
Dated this the 22nd day of October, 2020 S.Manikumar, C.J.
Instant writ petition has been filed for the following reliefs:
"i. Issue a writ of Mandamus or any other appropriate Writ, Order, Direction declaring that no person can bring in an elephant to Kerala from other parts of the Country without prior permission of the Chief Wild Life Warden or can transfer or sell an elephant in Kerala.
ii. Issue a writ of Mandamus or any other appropriate Writ, Order, Direction or command to the Respondents to stay implementation of Exhibit P2 order issued by the under secretary on behalf of the principal secretary, forest department and to direct the respondents to continue investigation.
iii. To issue a writ of Mandamus or any other appropriate Writ, Order or Direction quashing Exhibit P2 order issued by the under secretary on behalf of the principal secretary, forest department.
iv. To issue a Writ of Mandamus or any other appropriate writ, order or direction or command to the Respondents to consider and pass an appropriate order on Exhibit P3 Representation within a reasonable period."
2. When attention of the learned counsel for the petitioner was brought to the fact that the prayers sought for are not maintainable and W.P.(C)No.22405 of 2020-S 3 that the same requires necessary amendments, Mr.Jose Abraham, learned counsel for the petitioner submitted that I.A.No.1 of 2020 has been filed for substitution of the prayers.
3. We have gone through the same. Accepting the reasons in the affidavit filed in support of the application, I.A.No.1 of 2020 is ordered. Registry is directed to make necessary amendments wherever required.
4. On this day, when the writ petition came up for hearing, placing reliance on the proceedings in D2/183/2020-FWLD dated 19.10.2020 of the Forest & Wildlife (D) Department, Government of Kerala, Mr.K.Sandesh Raja, learned Special Government Pleader appearing for the respondents submitted that proceedings dated 9.10.2020 of the Forest & Wildlife Department, Government of Kerala, directing to stop all the proceedings initiated against the elephant owners, allegedly involved in transportation, has been cancelled and therefore, nothing survives in the writ petition for further adjudication.
5. Heard the learned counsel for the parties and perused the material available on record.
6. Proceedings dated 9.10.2020 of the Forest & Wildlife Department, Government of Kerala, impugned in the instant writ petition is extracted hereunder:
W.P.(C)No.22405 of 2020-S 4 "Government of Kerala Forest/Wild Life Department 9-10-2020 Thiruvananthapuram From Principal Secretary To Principal Chief Forest Conservator (Wild Life) and Wild Life Warden, Thiruvananthapuram Respected Sir, Sub: Forest Wild Life Department -- Petition filed by the elephant Owners Association with respect to the enquiry conducted by the Forest Department Officials.
Notice:Petition filed by the president of the Elephant Owners Association Mr Sri G Krishnaprasad dated 26/9/2020 to the minister of Forest, Animal Husbandry and Zoos.
Copy of the Petition filed is produced herewith along with this order to submit a report immediately without any further delay and in the meantime, it is hereby directed to stop all the proceedings initiated, against the elephant owners.
Yours Sincerely Manoj K Under Secretary On Behalf Of Principal Secretary Signature Endt-on-KFDHQ/3730/2020-CWW-WL13 dtd 09-10-2020.
Forwarded to conservator of Forests, Social Forestry, Southern Region, Kollam and Assistant Conservator of Forests (Social Forestry) Kollam/Thiruvananthapuram for further necessary W.P.(C)No.22405 of 2020-S 5 action.
Sd/-
For Principal Chief Conservator Of Forests (WL) and Chief Wild Life Warden, Kerala"
7. Proceedings dated 19.10.2020 of the Forest & Wildlife (D) Department, Government of Kerala, produced before this court, is extracted hereunder:
"Government of Kerala Forest & Wild Life (D) Department No.D2/183/2020-FWLD 19/10/2020, Thiruvananthapuram From The Principal Secretary to Government To The Principal Chief Conservator of Forest (Wildlife) & Chief Wildlife Warden, Thiruvananthapuram Sir, Sub: Forest & Wildlife Department - Representation from M/s. Elephant Owners' Association-Adherence of Law- Reg.
Ref: 1) Representation dated 26/09/2020 from M/s. Elephant Owners Association.
2) Government Letter of even No. dated 07/10/2020.
3) Letter No.KFDHQ/3730/2020-CWW/WL13 dated 12/10/2020 from the Principal Chief Conservator of Forest (Wildlife) & Chief Wildlife Warden.
I am directed to invite your attention to the references cited. In view of the representation cited 1st, Government, as per the letter W.P.(C)No.22405 of 2020-S 6 cited 2nd, directed that action against the Petitioners will be kept in abeyance till further direction.
In the circumstances reported, as per the letter cited 3 rd above, it is directed that legitimate action may be taken, in this regard, strictly in accordance with law. The direction issued, as per the letter cited 2nd, will be treated as cancelled.
Yours faithfully BINOD K DEPUTY SECRETARY For Principal Secretary to Government Signature Endt-on-WL13-3730/2020 dated 19-10-2020. Copy forwarded to the Conservator of Forests, Social Forestry, Southern Region, Kollam/Assistant Conservator of Forests, Social Forestry, Kollam/Thiruvananthapuram for information and necessary further action.
Sd/-
For Principal Chief Conservator Of Forests (WL) and Chief Wild Life Warden, Kerala"
8. Reading of the proceedings dated 19.10.2020 shows that 9.10.2020 proceedings has been cancelled vide letter dated 12.10.2020 of the Principal Chief Conservator of Forest (Wildlife) & Chief Wildlife Warden and action is directed to be taken strictly in accordance with law.
In the light of the subsequent proceedings, as rightly contended by the learned Special Government Pleader, nothing survives in this writ W.P.(C)No.22405 of 2020-S 7 petition for further adjudication. Writ petition is disposed of accordingly. It is expected that action is taken in accordance with law, as expeditiously as possible.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar, Chief Justice Sd/-
Shaji P.Chaly Judge vpv W.P.(C)No.22405 of 2020-S 8 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF HONOURABLE SUPREME COURT IN IA 25 AND 26 IN WRIT PETITION (CIVIL) NO(S) 743 OF 2014 IN THE CASE OF WILDLIFE RESCUE AND REHABILITATION CENTRE AND OTHERS VS UNION OF INDIA AND OTHERS DATED 4.5.2016.
EXHIBIT P2 TRUE COPY OF THE ORDER ISSUED BY THE UNDERSECRETARY ON BEHALF OF THE PRINCIPAL SECRETARY FOREST DEPARTMENT DATED 9.10.2020.
EXHIBIT P2(A) TRUE COPY OF THE ENGLISH TRANSLATION OF THE ORDER ISSUED BY THE UNDERSECRETARY ON BEHALF OF THE PRINCIPAL SECRETARY FOREST DEPARTMENT DATED 9.10.2020.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 13.10.2020 FORWARDED TO RESPONDENT NO.1. EXHIBIT P4 TRUE COPY OF A NEWS PAPER REPORT REPORTED IN THE HINDU NEWSPAPER DATED 8TH OF OCTOBER 2020.
/TRUE COPY/ P.A. TO JUDGE