IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 DBA.No. 9 of 2009() ---------------------------- APPLICANT: ----------------- GOPAKUMAR, AGED 29 YEARS, S/O.KRISHNANKUTTY NAIR, RESIDING AT JANAKI BHAVAN, THEKKENADA, VAIKOM. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): -------------------------- 1. TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 3. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM. 4. THE DEPUTY DEVASWOM COMMISSIONER, VAIKOM. 5. THE CHIEF CONSERVATOR OF FOREST, (WILD LIFE), THIRUVANANTHAPURAM. 6. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE (D)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R5 & R6 BY GOVT. PLEADER MR.LAKSHMI NARAYANAN R1 TO R4 BY ADV. MR.K.N. VENUGOPALA PANICKER, SC, TDB. ADV. MR.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = D.B.A. NO. 9 OF 2009 = = = = = = = = = = = = = DATED THIS, THE 8TH DAY OF APRIL, 2010. O R D E R Raman, J. The Ombudsman, in Report No. 107 of 2009 in DBA 9 of 2009, after due enquiry, has made certain suggestions with regard to the maintenance of elephants and the care to be taken thereto, which are as follows: "On prayer No.1, it is suggested that instead of forming a separate department, a seniormost Veterinary Officer can be given the charge of Manager for over all management of all elephants under the Devaswom Board. He can discharge his duties by implementing the suggestions of the Veterinary Officer to the extent possible. ii). With regard to prayer No.ii, it is stated that application is already made for ownership certificate to the Chief Conservator of Forests and it is pending. iii) With regard to prayer No. iii, daily maintenance is already raised to Rs. 250. The Veterinary Officer has suggested further increase up to Rs. 450/-. Appropriate orders may be passed by the Hon'ble High court. In this DBA 9/2009 2 connection, it is noticed that the Devaswom Board has vast extent of land within the temple compounds. Some of the temple compounds are having 8 acres and most of the lands are not at all put to any use. In such compounds leaving sufficient space for all temple rituals and festivals still there will be lot of space for planting palm trees and fodder greens. The Devaswom Board may be directed to take steps to plant palm trees in such lands so that expenses to elephants can be reduced after a few years. vi. With regard to prayer No. iv, it is stated that there are two mahouts for each elephant already appointed. v). With regard to prayer No.v. proper medical treatment is given and the Manager to be appointed can be directed to see it to that proper medical treatment is given to all the elephants. vi. With regard to prayer No.vi, the suggestion of the Veterinary Officer may be accepted to rent out the Devaswom elephants based on a sealed tender system and making it a condition that the elephants will be transported only as per 2003 Rules. vii. Prayer No. vii may not be allowed. With regard to prayer No. viii, steps have already taken to cut the tusks of the elephants of the Board." Pending further consideration, we direct the Chief Conservator of Forests to consider and pass appropriate orders on the application made by DBA 9/2009 3 the Devaswom Board for ownership certificate. The maintenance amount for each elephant be increased to Rs. 450/-. Appropriate sanction be accorded for increasing the amount alloted for green fodder to Rs. 450/- and the amount be expended subject to supervision by the officer concerned to ensure that the fund is utilized for the purpose for which it is allotted. Remaining suggestions deferred for consideration. sd/- P.R. RAMAN, JUDGE. sd/- P.S. GOPINATHAN, JUDGE. // true copy // P.S. To Judge. KNC/-