IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10546 of 2010(P) -------------------------- PETITIONER: --------------- C.N.VALSAN, S/O.NARAYANAN, CHEMBAKKARA VEEDU, P.O.POTTA, CHALAKKUDY, THRISSUR DIST. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF WILD LIFE WARDEN, DEPARTMENT OF FOREST & WILD LIFE, TRIVANDRUM, 3. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE,CLALAKKUDI BY SPL.GOVT.PLEADER SHRI S.SANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.10546 OF 2010 ----------------------------------------------------- DATED THIS THE 30th DAY OF MARCH, 2010 J U D G M E N T In this Writ Petition, the petitioner, an owner of an elephant is aggrieved by Exhibit P5 order issued by the Divisional Forest Officer, restraining the petitioner from taking the elephant for using in temple festivals or for any physical labour. According to the petitioner, the said direction has been issued without conducting any medical examination with any of the expert Doctors. Thereafter, the petitioner filed a representation as per Exhibit P7 seeking to reconsider the matter. 2. It is pointed out by the learned counsel for the petitioner that the festival season will be over within a short time and the restriction will affect the right of the petitioner to take the elephant for any of the temple festivals or for any other celebrations, etc. 3. Heard the learned Government Pleader for the respondents. It is submitted by the learned Government Pleader that the Divisional Forest Officer will constitute a team of medical W.P.(C)No.10546/10 -2- experts to examine the elephant and depending upon their suggestions, a fresh decision will be taken in the matter. There will be a direction to the Divisional Forest Officer to do the needful within a period of seven days. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn