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3 .As evident from the extracted portion of the order, it is seen that the application has been rejected on the ground that the petitioners have violated the terms of the bond earlier executed by the persons concerned for release of the elephant in connection with an offence committed in relation to the elephant. According to me, the same may not be a reason at all for refusing permission to use the elephant for Temple procession.

In the said view of the matter, this writ petition is allowed and the second respondent is directed to issue the permission sought for by the petitioners as per Ext.P9 forthwith, if such permission would not contravene the direction issued by the Apex Court in Wildlife Rescue and Rehabilitation Centre and Others v. Union of India and Others (2016 KHC 2307)."

C) The judgment of the learned Single Judge allowing the writ petition finding reasons in the rejection order dated 04.12.2019 that the petitioner has violated the terms of the bond executed by the persons concerned for release of the elephant in connection with the offence committed in relation to the elephant cannot be a reasoning at all for refusing the permission of use of elephant for temple procession is without jurisdiction and against the basic principle of natural justice and thus illegal.

D) The learned Single judge has allowed the writ petition virtually setting aside the order passed by the Asst. Conservator of Forests, Social Forestry Division, Malappuram rejecting the permission to use the elephant for temple procession is without even a challenge to the above order and without opportunity to the state to file a counter affidavit supporting the reasons for rejecting the permission. E) The learned Single Judge has allowed the writ petition allowing the permission to use the elephant for temple procession without even giving sufficient opportunity to the respondent to file counter affidavit.

Therefore the judgment of the learned Single Judge is illegal and is to be set aside.

F) The reasoning of the learned Single Judge that the violation of the terms of the bond earlier executed by the persons concerned for release of elephant in connection with an offence committed in relation to the elephant cannot be a reason for refusing permission to use the elephant for temple procession is illegal as there are no sufficient reasoning in the judgment to find that the above said elephant can be used for temple procession.