IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 1862 of 2008(S) PETITIONER: V.K. VENKITACHALAM, AGED 43 YEARS, SON OF V.N.KRISHNA IYER, 35/571, KUNNATH LANE, THIRUVAMPADY, THRISSUR-680 001. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS : 1. THE CHIEF WILD LIFE WARDEN, FOREST HEADQUARTERS, VANALAKSHMI, VAZHUTHACADU, THIRUVANANTHAPURAM-695 014. 2. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. ADDITIONAL RESPONDENTS IMPLEADED: 4. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD SECRETARIAT, THIRUVANANTHAPURAM. 5. COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, PALACE ROAD, THRISSUR. 6. GURUVAYOOR DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, GURUVAYOOR – 680 101. 7. THE PARAMEKAVU DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THRISSUR – 1. 8. THE THIRUVAMBADY DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THRISSUR. 9 THE COMMISSIONER, H.R. & C.E.(ADMN.) DEPARTMENT, KOZHIKODE – 20. ADDITIONAL RESPONDENTS 4 TO 9 IMPLEADED AS PER ORDER DATED 14.3.2008 ON I.A.NO.2619 OF 2008. R5 BY ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B SRI.K.N.VENUGOPALA PANICKER, SC, TDB R8 BY ADV.SRI.K. RAMAKUMAR (SR.) SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN R7 BY ADV.SRI.M.P.ASHOK KUMAR R6 BY ADV. SRI.U.K.RAMAKRISHNAN SPECIAL GOVERNMENT PLEADER SRI.RANJITH THAMPAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU,C.J. & K.T.SANKARAN, J. ---------------------------------------------------- W.P.(C) NO. 1862 OF 2008 ---------------------------------------------------- Dated this the 14th March, 2008 JUDGMENT H.L.DATTU, C.J. Elephants are the main theme of this petition. Hardship to the elephants is alleged in this petition by a person, who claims himself to be a public spirited citizen. It is needless to say, the petitioner has a lot of love, affection and goodwill to the elephants. 2. In this petition filed under Article 227 of the Constitution, the primary relief the petitioner seeks from the hands of this Court is to direct the respondents, namely, the Chief Wild Life Warden, the Principal Secretary, Devaswom Department of the State of Kerala and the Principal Secretary, Home Department of the State of Kerala, to issue appropriate directions to the District Collectors in the State to prevent the parading of elephants during festivals and processions between 11 a.m and 5 p.m.. Secondly, to issue appropriate circulars to prosecute the offenders who violate the directions contained in the Wild Life (Protection) Act, 1972 ('Act' for short) and the rules framed thereunder. 3. Along with the writ petition, the petitioner has produced beautiful photographs of the elephants. 4. Respondents have filed a detailed statement. Along with the statement, they have also produced the circular instructions issued by the respondents to all the District Collectors. The latest circular is dated 25.2.2008. W.P.(C). NO.1862 OF 2008 :: 2 :: In that, they have informed the person-in-charge of the Devaswom to follow the guidelines and instructions issued.One of the instructions is that “Ezhunallippu” of elephants should not be done in open air between 11 a.m and 3 p.m.. In continuation of the aforesaid instructions, they have issued yet another circular dated 1.3.2008 and in that at clause 1.5 they have stated that making an elephant to stand in scorching sun for long duration or to put the ceremonial gear or decorations for unreasonably long duration or to burst crackers close to the elephant for ceremonial purpose is not permitted. 5. At the time of hearing of this writ petition Sri.Ranjith Thamban, the counsel appearing for the State Government would submit that the State Government has already constituted a committee under the chairmanship of the District Collector to monitor the implementation of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003. 6. The one and the only prayer sought in the writ petition is to direct the District Collectors in the State to prevent the parading of elephants during festivals and processions between 11 a.m and 5 p.m. 7. During the pendency of this writ petition, the respondents have issued appropriate circulars to all the Devaswoms, to the District Collectors and to the forest officials to implement faithfully Rules 2003. In view of the circular so issued, in our opinion, sufficient safeguards have been taken by the respondents. Therefore, the relief sought for by the petitioner in this petition need not be considered by us at this stage. W.P.(C). NO.1862 OF 2008 :: 3 :: 8. If, for any reason, any Devaswom/temple or any other organization violates the circular instructions issued by the respondents, the petitioner is at liberty to approach the Chairman/District Collector for redressal of his grievances. It is needless to say, if such grievance is made out by the petitioner or any other elephant loving person, the District Collector would take appropriate action in the matter. 9. I.A.No.2619 of 2008, application for impleading additional respondents 4 to 9 in the writ petition, is allowed. Liberty is reserved to the additional respondents to question the correctness or otherwise of clause 1.5 of circular dated 1.3.2008, if they so desire, before appropriate forum. With these observations, the writ petition is disposed of. Ordered accordingly. (H.L.DATTU) Chief Justice (K.T.SANKARAN) Judge ahz/dk