IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 6592 of 2011(Y) ------------------------- PETITIONER: --------------- K.S.VASUDEVAN,AGED 59 YEARS, S/O.K.P.SANKARAN,RESIDING AT KUMBOOR HOUSE, 'USHUS 'PO PERAMANGALAM,THRISSUR, PRESIDENT, PERATHRIKOVE-THECHIKOTTUKAVAU- POORATHRIKOVE DEWASWOM. BY ADV. SRI.P.DEEPAK SMT.APARNA RAJAN RESPONDENT: --------------- THE DIVISIONAL FOREST OFFICER, THRISSUR DIVISION,AYYANTHOLE,THRISSUR 680 003. BY SPL. GOVERNMENT PLEADER (FORESTS) ADV. MR. P.M. PAULOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6592 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 27.06.1990. EXT.P2 : TRUE COPY OF THE ORDER OF THE RESPONDENT DATED 04.05.2010 EXT.P3 : TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 22.07.2010 EXT.P4 : TRUE COPY OF THE REPORT OF THE EXPERT COMMITTEE DATED 11.08.2010 EXT.P5 : TRUE COPY OF THE FITNESS CERTIFICATE DATED 29.01.2011 EXT.P6 : TRUE COPY OF THE COMMUNICATION OF THE CHIEF CONSERVATOR DATED 05.01.2011. EXT.P7 : TRUE COPY OF THE JUDGMENT DATED 11.02.2011 IN W.P.(C) 4216 OF 2011. EXT.P8 : TRUE COPY OF THE ORDER OF THE RESPONDENT DATED 19.02.2011. EXT.P9 : LIST OF DOCTORS/EXPERTS SUBMITTED BY THE PETITIONER. EXT.P10 : TRUE COPY OF THE JUDGMENT IN WPC NO.4414 OF 2009 DATED 10.02.2009 /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 6592 OF 2011 ......................................................................... Dated this the 21st March , 2011 J U D G M E N T The petitioner is seeking to set aside Exts. P2 and P8, whereby the tusker by name Thechikottukavu Ramachandran belonging to the petitioner Devaswom has been virtually prevented from parading in the public festivals. 2. The case of the petitioner is that, there was a complaint with regard to the right eye sight of the tusker, besides some other adverse aspects. However, pursuant to the treatment given, the elephant got examined further by the doctors and the concerned authorities, based on which, Ext. P4 report dated 11.08.2010 has been submitted by the team of experts. As per the said report, it has been stated that, in the opinion of the Committee, the elephant could be allowed to participate in functions subject to the conditions stipulated therein and also observing the relevant rules with regard to the captive elephant management; simultaneously making it for the concerned Forest officials to verify satisfaction of the said requirements whenever the elephant is paraded in their jurisdiction. W.P.(C) No. 6592 OF 2011 2 3. Based on the said report dated 11.08.2010, Ext. P5 Fitness Certificate has been issued on 29.01.2011. Though the petitioner approached the concerned authorities of the Forest Department for further steps pursuant to Ext.P5, no action was taken by those concerned, which made the petitioner to approach this Court by filing W.P.(C) No.4216 of 2011. After hearing both the sides, this Court disposed of the writ petition, permitting the petitioner to engage the elephant in the 'own temple' festival scheduled on 12th and 13th February, 2011. It was observed in the said judgment that the elephant was healthy and free from contagious diseases as borne out from Ext. P4 report; that extra care had to be taken by all the mahouts in view of blindness of the right eye; that one mahout was always to stand on the right side holding the tusk on the right side, besides one mahout holding on the left side and another mahout behind the elephant, when the elephant was paraded in public functions. It was further observed, as specified in Ext. P4 report, that the elephant should always be properly chained when taken out in public places or allowed to participate in public functions, following the W.P.(C) No. 6592 OF 2011 3 criteria specified in Ext. P4 and observing all the relevant rules with regard to the captive elephant management, besides the necessity to have effective supervision by the concerned Forest officials. It was accordingly that the prayer sought for by the petitioner to parade the elephant in the particular temple festival scheduled on 12th and 13th February, 2011 was permitted by passing Ext. P7 judgment, subject to the specific conditions, as mentioned herein before. 4. The learned counsel for the petitioner submits that the position continues as above and there is no adverse report and the elephant is fit to be paraded in other festivals in the locality as well, with regard to which the petitioner has approached this Court for appropriate directions. 5. Heard the learned Government Pleader as well, who submits, on the basis of the instruction that the petitioner can be permitted to parade the elephant only subject to strict conditions imposed as per Ext.P4 as already taken note of by this Court in Ext.P7 judgment and of course, at the cost and risk of the petitioner as ordered by this Court in Ext. P7. The learned W.P.(C) No. 6592 OF 2011 4 counsel for the petitioner submits that the petitioner is ready and willing to produce the elephant for further examination, as and when demanded by the concerned respondents. The learned counsel also submits that all the conditions as mentioned earlier will be strictly followed and that, as a matter of precaution/policy, the petitioner has already taken 'third party insurance' in respect of the elephant and the policy will be kept alive throughout. 6. In the above circumstance, this Court finds that the petitioner can be given permission as sought for. Accordingly, Ext.P8 order passed by the respondent is set aside and the petitioner is permitted to parade the elephant, subject to strict terms as mentioned in Ext. P4 and as contained in Ext. P7 judgment. This shall be at the cost and risk of the petitioner . The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk