IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 19091 of 2011(J) -------------------------------------- PETITIONER: ------------------- K. OMANAKUTTAN PILLAI, S/O. KOCHAPPAN PILLAI, 48 YEARS, GAJALEKSHMI HOUSE, VELLIMON.P.O, KOLLAM DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS. RESPONDENTS: ----------------------- 1. CHIEF CONSERVATOR OF FOREST (WILD LIFE) AND CHIEF WILD LIFE WARDEN, FOREST HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM – 695 011. 2. DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, PUNALOOR, KOLLAM – 695 001. R1 & R2 BY GOVT. PLEADER SRI. BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19091/2011-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF OWNERSHIP OF THE ELEPHANT DHON SING BY NAME DTD. 24/04/07. EXT.P.2: COPY OF THE SPECIAL POWER OF ATTORNEY DTD. 23/07/08. EXT.P.3: COPY OF THE APPLICATION FOR THE REGISTRATION OF ELEPHANT DTD. 10/08/2010. EXT.P.4: COPY OF THE INSURANCE POLICY OF THE ELEPHANT IN THE NAME OF THE PETITIONER DTD. 20/01/10. EXT.P.5: COPY OF THE PASS ISSUED BY THE GOVT. OF BIHAR DTD. 08/11/07. EXT.P.6: COPY OF THE CERTIFICATE ISSUED BY THE VETERINARIAN DTD. 25/06/11. EXT.P.7: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE R.1. DTD. 30/06/11. EXT.P.8: COPY OF THE SEIZURE MAHAZAR 4-7-11 ISSUED BY THE FOREST DEPT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19091 OF 2011 ----------------------------------------------------- Dated this the 21st day of July, 2011 J U D G M E N T Petitioner claims to be the owner of a captive elephant by name Dhon Sing @ Kochayyappan. He made Ext.P7 application for registration and that is pending before the 1st respondent. During the pendency of the application, by Ext.P8 the 2nd respondent and his subordinates seized the elephant on 4.7.2011. It is complaining of the above, this writ petition is filed. 2. Now that the elephant has already been seized, taking note of the pendency of the application made by the petitioner for registration, it is directed that within two weeks from today the first respondent shall pass orders on Ext.P7 application made by the petitioner. In the meantime, the 2nd respondent shall retain the custody of the elephant in question. However, taking note of the W.P.(C) No. 19091 OF 2011 :2 : submissions of the petitioner that the elephant is not fed properly or taken care of well, it is ordered that it will be open to the petitioner to feed the elephant and take care of the elephant in any manner as the situation deserves. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge