IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 21545 of 2009(K) ------------------------------------- PETITIONER(S): ------------------------ KRISHNANKUTTY.U.P., AGED 43 YEARS, SON OF UTTOLI PUSHPANGADAN, PUDUKKAD DESOM, AMBALLOOR P.O., THRISSUR. BY ADVS. MR.P.R.VENKETESH MR. N.MAHESH RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE (F) DEPARTMENT, GOVT.OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF WILD LIFE WARDEN AND PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY SPL. GOVERNMENT PLEADER MR.M.P.PRAKASH (FOREST) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.11929/2009 IN WPC. NO.21545/2009 DISMISSED 19.11.2009 SD/- P.N.RAVINDRAN, JUDGE TRUE COPY P.S. TO JUDGE tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 21545 of 2009 - K ---------------------------------------- Dated 19th November, 2009 Judgment Heard Sri.P.R.Venkatesh, the learned counsel appearing for the petitioner and Sri.M.P.Prakash, the learned Special Government Pleader appearing for the respondents. 2. The petitioner is the owner of an elephant. He purchased it from one Unni @ Ramdas. Neither the petitioner nor his vendor has obtained a certificate of ownership under the Wild Life (Protection) Act, 1972. However, the petitioner submits that the original owner had obtained Ext.P3 certificate of ownership from the Conservator of Forests, Eastern Assam Circle under section 42 of the Act and Rule 56 of the Assam Wildlife (Protection) Rules. The petitioner has agreed to sell the elephant to Sri.Sukumaran Nair, who applied to the Chief Conservator of Forests (Wild Life), Thiruvananthapuram for a certificate of ownership. The Chief Conservator of Forests (Wild Life) thereupon sent Ext.P16 letter to him pointing out that unless the owner has a certificate of ownership, he cannot transfer the W.P.(C) No.21545/2009 -2- animal and that prior permission also has to be obtained under section 40 (2) of the Wild Life (Protection) Act, 1972. Simultaneously, he also issued Ext.P17 notice to the petitioner informing him that as he has not obtained a certificate of ownership or prior permission to purchase an elephant, the elephant belonging to him is liable to be confiscated as it is Government property. This writ petition was thereupon filed challenging Exts.P16 and P17. 3. It is evident from sections 40, 42 and 43 of the Wild Life (Protection) Act, 1972 that an elephant, a wild animal can be transferred only with the prior permission of the Chief Wild Life Warden or an authorized officer. A certificate of ownership also has to be obtained by the person owning the elephant. The petitioner admits that he has not so far obtained a certificate of ownership or prior permission to transfer the elephant to Sri.Sukumaran Nair. He has also not pleaded or proved that prior to purchasing the elephant, he had obtained the permission of the Chief Wild Life Warden or an authorized officer as required under section 40 of the Act. In such circumstances, no relief can W.P.(C) No.21545/2009 -3- be granted to the petitioner at this stage. Ext.P17 is only a show cause notice. It is for the petitioner to submit a reply to it and to move the Chief Wild Life Warden or the authorized officer as the case may for a certificate of ownership and for permission to sell the elephant. The writ petition is accordingly disposed of reserving liberty with the petitioner to submit a reply to Ext.P17 and to take appropriate steps to have a certificate of ownership in respect of the elephant named in Ext.P17 issued to him. It will be open to the petitioner after he gets a certificate of ownership to move the competent authority for permission to transfer the elephant named in Ext.P17 to Sri.P.Sukumaran Nair. P.N.RAVINDRAN Judge vaa