IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18407 of 2011(A) -------------------------------------- PETITIONER: ------------------- K.BHARATHAN, S/O. BALAKRISHNAN NAIR, 36 YEARS, MULLAPPILLY HOUSE, POONKUNNAM P.O., THRISSUR-2. BY ADV. SRI.SHOBY K.FRANCIS. RESPONDENTS: ------------------------ 1. CHIEF CONSERVATOR OF FOREST (WILD LIFE) & CHIEF WILD LIFE WARDEN, THIRUVANANTHAPURAM – 695 001. 2. DIVISIONAL FOREST OFFICER, THRISSUR-3. R1 & R2 BY SPL. GOVT. PLEADER SRI. M.P. PRAKASH, GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18407/2011-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF OWNERSHIP OF THE ELEPHANT HARIPRASAD BY NAME DTD. 10/08/2006. EXT.P.2: COPY OF THE GIFT AGREEMENT DTD. 09/11/08. EXT.P.3: COPY OF THE SPECIAL POWER OF ATTORNEY DTD. 15/09/06. EXT.P.4: COPY OF THE SPECIAL POWER OF ATTORNEY DTD. 27/11/08. EXT.P.5: COPY OF THE APPLICATION FOR THE REGISTRATION OF ELEPHANT DTD. 10/11/08. EXT.P.6: COPY OF THE PRESENT INSURANCE POLICY OF THE ELEPHANT IN THE NAME OF THE PETITIONER DTD. 26/06/11. EXT.P.7: COPY OF THE PASS ISSUED BY THE GOVT. OF BIHAR DTD. 25/09/06. EXT.P.8: COPY OF THE CERTIFICATE ISSUED BY THE VETEINARIAN DTD. 06/04/11. EXT.P.9: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE R.1.DTD. 05/07/11. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18407 OF 2011 ----------------------------------------------------- Dated this the 7th day of July, 2011 J U D G M E N T Petitioner submits that he owns an elephant called Hariprasad @ Vadakkumnathan Krishnan. According to the petitioner he has made Ext.P9 application before the first respondent for registration of the aforesaid elephant in Thrissur District. This application is pending. In the meanwhile, petitioner apprehends that respondents are likely to take the elephant into custody on the ground that the elephant is not the one which is registered. It is in these circumstances the writ petition has been filed praying for a direction to the respondents to pass orders on Ext.P9. 2. Going by the entries in Ext.P9 itself shows that the said application is dated 5.7.2011 and therefore it cannot be said that there was any culpable delay on the W.P.(C) No. 18407 OF 2011 :2 : part of the respondents in considering that application. Be that as it may, having regard to the pendency of Ext.P9, I dispose of the writ petition with the following directions. 3. The first respondent will consider and pass orders on Ext.P9 and it shall be done as expeditiously as possible at any rate within four weeks from the date of receipt of a copy of this judgment. 4. In the meanwhile, it is directed that the elephant shall not be taken into custody for want of registration. This order is subject to the condition that the petitioner shall make available a copy of this judgment before the respondents along with copy of the writ petition before 13.7.2011. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge