IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 21482 of 2006(G) ----------------------------------------- PETITIONER(S): ------------------------ SECRETARY, PANMANA MINNAMTHOTTIL DEWASWOM, PANMANA, CHAVARA, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADVS. SRI.C.RAJENDRAN, SRI.C.UNNIKRISHNAN (KOLLAM), SRI.R.PARAMESWARAN NAIR. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (WL) & CHIEF WILD LIFE WARDEN, FOREST HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE ORIENTAL INSURANCE CO.LTD., ORIENTAL HOUSE, P.B.NO.7037, A-25/27, ASAF ALI ROAD, NEW DELHI-110 002. 4. BRANCH MANAGER, THE ORIENTAL INSURANCE CO.LTD., KADAPPAKKADA, KOLLAM. R1 & R2 BY SPL.GOVERNMENT PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY R3 & R4 BY ADV. SRI.V.P.K.PANICKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21482/2006 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE INSURANCE POLICY CERTIFICATE DTD. 25/05/04. P2: COPY OF THE APPLICATION BEFORE 2ND RESPONDENT DTD.17/10/03. P3: COPY OF THE LETTER OF 2ND RESPONDENT TO PETITIONER DTD. 23/06/05. P4: COPY OF THE LETTER OF 2ND RESPONDENT TO PETITIONER DTD. 2/08/05. P5: COPY OF THE LETTER OF PETITIONER TO 2ND RESPONDENT DTD.9.8.05. P6: COPY OF THE LETTER DTD. 27/03/06 OF 4TH RESPONDENT. P7(A): COPY OF THE ADVOCATE NOTICE DTD. 25/04/06 AND AND ACKNOWLEDGEMENT CARD. P8: COPY OF THE LETTER OF 2ND RESPONDENT DTD. 22/08/2006 REGARDING OWNERSHIP OF DECEASED ELEPHANT. P9: COPY OF THE CHALAN RECEIPT DTD. 8/09/06 FOR ISSUANCE OF OWNERSHIP OF TUSKS OF THE ELEPHANT. P10: COPY OF THE COMMUNICATION FROM INFORMATION OFFICER DTD.14/12/07 ON ISSUANCE OF CERTIFICATE OF OWNERSHIP OF TUSKS TO PETITIONER. P11(A):COPY OF THE POST MORTEM REPORT OF THE ELEPHANT DTD.20/03/05. P11(B):COPY OF THE LETTER OF 2ND RESPONDENT TO PETITIONER DTD.20/03/05. P12: COPY OF THE OWNERSHIP CERTIFICATE. P13: COPY OF THE LETTER DTD. 14/12/2009. P14: COPY OF THE SAID FORWARDING LETTER DTD. 15/01/2010. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE POLICY OF INSURANCE BEARING NO.13/2005 FOR THE PERIOD 26/05/2004 TO 25/05/2005. R3(B): COPY OF THE GROUP ELEPHANT INSURANCE CLAIM FORM DTD.18/04/2005 SUBMITTED BY THE SECRETARY, PANMANA MINNAMTHOTTIL DEVASWAM, CHAVARA. Kss ..2/- ..2.... WPC.NO.21482/2006 G R3(C): COPY OF THE REPORT PUBLISHED IN THE DAILY NEWSPAPER 'THE HINDU' ON 18/03/2005. R3(D): COPY OF THE COMMUNICATION GIVEN BY THE PETITIONER TO THE 4TH RESPONDENT DTD. 7/03/2005. R3(E): COPY OF THE CERTIFICATE ISSUED BY DR.K.C.PANICKER DTD.19/3/2005. R3(F): COPY OF THE COMMUNICATION DTD. 21/03/2005 ISSUED BY THE SECRETARY OF THE TRIVANDRUM CHAPTER OF THE PEOPLE FOR ANIMALS ADDRESSED TO THE 4TH RESPONDENT. R3(G): COPY OF THE COMMUNICATION DTD. 21/03/2005 ISSUED BY THE SECRETARY OF THE TRIVANDRUM CHAPTER OF THE PEOPLE FOR ANIMALS ADDRESSED TO THE CHIEF CONSERVATOR OF FOREST (WILDLIFE). R3(H): COPY OF THE COMMUNICATION DTD. 13/07/2005 ISSUED FROM THE OFFICE OF THE CHIEF CONSERVATOR OF FOREST (WILDLIFE) AND THE CHIEF WILDLIFE WARDEN, KERALA TO THE REGIONAL MANAGER, REGIONAL OFFICE OF THE 3RD RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss w.p.c.21482/06 1 S.SIRI JAGAN, J. ================== W.P.(C).No. 21482 of 2006 ================== Dated this the 29th day of November, 2011 J U D G M E N T The petitioner is the Secretary of Panmana Minnamthottil Devaswom, which is the administrative authority of the Panmana Minnamthottil Devikshetram. The temple purchased an elephant by name, “Hariprasad” on 20.1.1996 and insured the same with the 4th respondent -insurance company. That insurance policy was being renewed from time to time and ultimately, it was renewed for the period from 26.5.2004 to 25.5.2005. While so, as per the amendment to the Wild Life Protection Act, 1972, in 2002, it became mandatory on the part of the owners of elephants to obtain ownership certificates from the 2nd respondent. The petitioner submitted an application dated 17.10.2003 for such ownership certificate. It was not issued to the petitioner. The elephant died on 19.3.1995 while undergoing treatment for rabies. The petitioner intimated the death of the elephant immediately to the 2nd respondent and requested for issue of a certificate of ownership of tusks of the elephant and requested the 4th respondent to release the insurance amount as per the policy. But, neither the 2nd respondent nor the 4th respondent considered the petitioner's claim favourably. It is under the above circumstances, the w.p.c.21482/06 2 petitioner has filed this writ petition seeking the following reliefs: “i. To issue a writ in the nature of mandamus or any other writ, order or direction commanding the 2nd respondent to issue certificate of ownership of tusks of the elephant named Hariprasad to the petitioner. ii. To issue a writ in the nature of mandamus or any other writ, order or direction commanding the 4th respondent to release claim amount with interests and costs to the petitioner on the basis of Exhibits P1 in the case.” The petitioner submits that subsequently, the 2nd respondent has issued Ext.P12 ownership certificate and Ext.P13 no objection certificate. According to the petitioner, the petitioner has produced the same also before the 4th respondent, despite which, no insurance claim is being paid to the petitioner. 2. A counter affidavit has been filed by respondents 3 and 4, wherein the stand taken is that insofar as an ownership certificate is compulsory for elephants under the Wild Life Protection Act, without the petitioner producing the ownership certificate and an NOC from the authorities under the Wild Life Protection Act, the 4th respondent insurance company cannot give insurance claim to the petitioner. 3. The learned Government Pleader appearing on behalf of respondents 1 and 2 admits that Exts.P12 and P13 ownership certificate and NOC have already been issued to the petitioner. 4. I have considered the rival contentions in detail. 5. Although I have considerable doubt as to whether w.p.c.21482/06 3 respondents 3 and 4 can insist on the petitioner producing an ownership certificate of the elephant as a condition for payment of the policy amount in respect of the policy admittedly taken by the petitioner, insofar as the contract of policy need not necessarily be with the owner himself, and the contract does not stipulate for an ownership certificate for claiming the policy amount, I am not going into that question in this writ petition insofar as, as required by the 4th respondent, the petitioner has already obtained and produced before the 4th respondent Exts.P12 and P13 ownership certificate and no objection certificate, which are sufficient for satisfying the conditions stipulated by the 4th respondent. Accordingly, this writ petition is disposed of with a direction to respondents 3 and 4 to see that the insurance amount due to the petitioner for the death of the elephant, “Hariprasad” covered by Ext.P1 policy is paid to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment, if there are no other objections in respect thereof. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge