IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 30816 of 2008(R) ------------------------------------ PETITIONER : ---------------- M.V. RAGHAVAN,PRESIDENT, PARASSINIKKADAVU SNAKE PARK, A UNIT OF PAPPINISSERI VISHACHIKILSA SOCIETY, PARASSINIKKADAVU P.O, KANNUR DISTRICT. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENTS : ------------------- 1. THE CENTRAL ZOO AUTHORITY, REPRESENTED BY ITS MEMEBER SECRETARY, BIKANER HOUSE, ANNEX -6, SHAJAHAN ROAD, NEW DELHI. 2. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF CONSERVATOR OF FORESTS, (WILD LIFE) & CHIEF WILDLIFE WARDEN, 4. THE DIRECTOR , DIRECTORATE OF MUSEUM & ZOO, THIRUVANNATHAPURAM. ADV. SRI.RENJITH THAMPAN, SC FORESTS SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.30816 of 2008 -------------------------- Dated this the 22nd October, 2008 J U D G M E N T The petitioner, who is the President of the Parassinikkadavu Snake Park, unit of the Pappinisseri Vishachikilsa Society, has approached this Court expressing an apprehension regarding the retention of animals and snakes in the Parassinikkadavu Snake Park. The present Snake Park is a zoo recognised by the Central Zoo Authority, as evidenced by Exhibit P5. The recognition is conditional and Exhibit P9 dated 13.3.2008 shows that the committee members of the Central Zoo Authority decided to grant recognition for a period of one year to the present Snake Park subject to the following conditions: “1. The Forest and Wildlife Department, Government of Kerala should shift all the animals appropriately other than the Snakes (having legal ownership) housed at the Parassinikkadavu Snake Park, Kannur to the recognized Zoos within the State. W.P ( C) No.30816 of 2008 2 2. The snakes for which legal acquisition certificates have been issued by the State Government to the Zoo Operator should be physically verified and detailed inventory of the snakes held by the Zoo Operator should be submitted to the undersigned.” The Central Zoo Authority will issue conditional recognition to the Parassinikkadavu Snake Park, Kannur on the receipt of the above compliance.” 2. Exhibit P9 is addressed to the Principal Secretary to the Government of Kerala. By Exhibit P13, petitioner has sought for a variation of the conditions stipulated in Exhibit P9. Though there is no specific stipulation as regards an application for variation of the conditions contained in order of conditional recognition, the power available to the statutory authority to stipulate conditions for a recognition normally will include the power to vary the conditions also. 3. In the circumstances, it is prayed by the petitioner that since the Central Zoo authority has been moved for variation of the conditions contained in Exhibit P9, any further action at the instance of the Government should await orders by the Central Zoo Authority on Exhibit P13. W.P ( C) No.30816 of 2008 3 4. I heard Mr.B.S.Swathi Kumar, learned counsel for the petitioner and Mr.Renjith Thamban, learned Special Government Pleader. 5. Sri.Renjith Thampan, on instructions, submits that the Government would be obliged to act as per the conditions contained in Exhibit P9, the order of conditional recognition which in fact has been forwarded to the State Government. 6. Therefore, it is necessary for the Government to take steps for the translocation of the animals presently maintained in the Parassinikkadavu Snake Park to the Government maintained zoos either at Trivandrum or at Thrissur. Government does not have any intention to take any action on it's own and apprehension expressed by the petitioner, it is contended, is completely baseless and misconceived. 7. Having heard the learned counsel on both sides, I am of the view that since the petitioner has moved for a variation of the conditions subject to which the recognition has been granted by the Central Zoo Authority, it will be W.P ( C) No.30816 of 2008 4 appropriate that the implementation of the conditions be kept in abeyance till the Central Zoo Authority takes a decision on Exhibit P13. 8. In the result, the writ petition is disposed of directing the 1st respondent to consider Exhibit P13 on merits and pass an order thereon, after hearing a representative of the petitioner as also the representative of the State Government within a period of three months from the date of receipt of a copy of this judgment. Petitioner shall forward a copy of this judgment to the Central Zoo Authority within two weeks from today and produce proof regarding the same before the State Government. Status quo prevailing as on date as regards the conditions contained in Exhibit P9 shall be maintained till a decision is taken by the Central Zoo Authority on Exhibit P13. (V.GIRI,JUDGE) ma W.P ( C) No.30816 of 2008 5 W.P ( C) No.30816 of 2008 6