IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 32899 of 2008(N) -------------------------- PETITIONER(S): 1 ---------------- N.G.GOPALAKRISHANAN, S/O.NANDILATH GOVINDAN, NANDILATH HOUSE, 19/187, POOTHOLE, THRISSUR,680004. BY ADV. SRI.ANIL SIVARAMAN RESPONDENT(S): --------------- 1. THE CHIEF CONSERVATOR OF FORESTS & CHIEF WILDLIFE WARDEN, KERALA, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, THRISSUR. 3. PARAMMEKKAVU BHAGAVATHI TEMPLE, REP.BY ITS EXECUTIVE OFFICER, THRISSUR. BY SPL.GP SRI.RENJITH THAMPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).32899/2008 -------------------- Dated this the 7th day of November, 2008 JUDGMENT An elephant owned by the petitioner by name Gopalakrishnan died and the carcass was buried by the petitioner. The tusks were retained by him and he wants to retain the same as trophy. The said tusks are trophies within the meaning of the Wildlife Protection Act and the Rules framed thereunder. Section 40A of the Act requires a declaration to be considered by the competent authority and an order to be passed permitting the owner to retain the tusks as trophy. It seems that a mark has to be made on the trophy, as a certificate of ownership within the meaning of Section 42 of the Act. Ext.P8 is a declaration made by the petitioner before the first respondent. Ext.P9 is the application in the statutory form. A decision has to be taken by the first respondent. 2. I heard learned counsel for the petitioner and learned Government Pleader. W.P.(C).32899/2008 2 3. In the result, writ petition is disposed of directing the first respondent to consider Ext.P9 in the light of Ext.P8 and take a decision thereon as per the provisions of the Wildlife Protection Act, within two months from the date of receipt of a copy of this judgment. Copy of the writ petition along with the copy of the judgment shall be produced before the first respondent by the petitioner. V.GIRI, Judge mrcs