IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WA.No. 1686 of 2009() --------------------- AGAINST THE ORDER IN WPC.15817/2009 Dated 15/07/2009 .................... APPELLANT(S): RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, KERALA FORESTS AND WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAKL FOREST OFFICER, KANNUR. BY GOVERNMENT PLEADER SRI.P.M.POULOSE. RESPONDENT(S): PETITIONER: -------------------------- M.CHANDRAN, S/O.K.K.NAIR, "SREESAILAM", KODIYERI, THALASSERRY, KANNUR DIST. SRI.M.RAMESH CHANDER. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.1686 of 2009 ---------------------------------------------- Dated 3rd August, 2009. J U D G M E N T Kurian Joseph, J. Respondents in the writ petition are the appellants herein. The appellants are aggrieved by the interim order dated 15.7.2009 passed by the learned Single Judge, permitting temporary transit of the elephant by name Lakshmi to Salem. The writ petitioner approached this court praying for permission for the transit. We find that the elephant is part of the circus troop by name Regal Circus. We also find that adequate safeguards have been made by the learned Single Judge in the order and therefore, we do not think it necessary to refer to the various contentions vehemently taken by the learned Special Government Pleader. All those contentions can be taken at the time of disposal of the writ petition. We are of the view that the balance of convenience is certainly in favour of the writ petitioner, and the interests of the State are safeguarded sufficiently by the interim order. In that view of the matter, WA NO.1686/09 2 leaving open all the contentions taken by the appellants, the writ appeal is dismissed. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.1686 of 2009 ---------------------------------------------- J U D G M E N T Dated 3rd August, 2009.