IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 34935 of 2008(H) -------------------------- PETITIONER(S): ------------------ N.R.SYAM KUMAR, NADUVATHUMANA, KUTTANKULANGARA, THRISSUR. BY ADV. SRI.V.M.SYAM KUMAR RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE KERALA FORESTS AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FORESTS (WILD LIFE) & CHIEF WILD LIFE WARDEN, FOREST HEADQUARTERS, WILD LIFE OFFICE, THIRUVANANTHAPURAM. 3. DIVISIONAL FOREST OFFICER, OFFICE OF THE DIVISIONAL FOREST OFFICER, THRISSUR DIVISION, AYYANTHOLE, THRISSUR - 3. SPL.GOVT.PLEADER SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 34935 OF 2008 (H) ==================== Dated this the 5th day of January, 2009 J U D G M E N T Petitioner is the owner of an elephant by name Vinayan. Ext.P7 is an application made by the petitioner to the 2nd respondent seeking permission to transport his aforesaid elephant to Goa for exhibition purposes and that application was rejected by Ext.P11 order. In Ext.P11, the reason for rejection stated is that the petitioner is involved in two criminal cases concerning the said elephant. In Ext.P12, it is also stated that the investigation in relation to the aforesaid cases are only at the preliminary stages and hence the permission sought for by Ext.P7 cannot be granted. The aforesaid reasons are reiterated in the statement filed by the 2nd respondent also. 2. In my view, since there is no provision to that effect in the statutes, the pendency of the criminal cases can hardly be a reason for declining the permission that is sought for. Therefore, I am not in a position to sustain Exts. P11 and P12. For that reason, these orders will stand quashed and the following directions are issued. 1) That the petitioner shall furnish an undertaking to the 2nd respondent that within 6 months from the date of its transportation, the WPC 34935/08 :2 : elephant will be returned to Kerala State. 2) The petitioner shall also comply with the requirements of Rule 8 of the Kerala Captive Elephants (Management and Maintenance) Rules. 3. On compliance of the above two conditions, the 2nd respondent shall issue necessary transport permit as contemplated in Section 48A of the Wild Life (Protection) Act. The petitioner may produce a copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp