IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 20690 of 2008(K) -------------------------- PETITIONER: ------------ AMALA CANCER HOSPITAL & RESEARCH CENTREA AMALANAGAR, THRISSUR 680 555, REP. BY ITS JOINT DIRECTOR, FATHER JOSE SALES BY ADV. SRI.ANIL SIVARAMAN RESPONDENTS: ------------- 1. THE CHIEF WILDLIFE WARDEN, OFFICE OF THE CHIEF CONSERVATOR OF FORESTS, FOREST HEAD QUARTERS VAZHUTHACAUD,THIRUVANANTHAPURAM -14 2. THE FOREST RANGE OFFICER, PATTIKKAD, THRISSUR. 3. THE DEPUTY RANGER, PONGANAMKADU FOREST STATION, THRISSUR. 4. THE CURATOR,GOVERNMENT ZOO, THRISSUR. 5. THE STATE OF KERALA, REP. BY ITS CHIEF CONSERVATOR OF FORESTS,FOREST HEAD QUARTERS VAZHUTHACAUD,THIRUVANANTHAPURAM-14. BY SPL. GOVERNMENT PLEADER (FOREST)SRI.N. RANJITH THAMPAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 20690 OF 2008 ---------------------------------------- Dated this the 14th day of July, 2008 JUDGMENT The petitioner is a charitable hospital engaged in the treatment and care of cancer patients. According to the petitioner, as part of the treatment programme, the petitioner has set up a garden within the premises of the hospital as a measure of recreation and visual relaxation. Allegedly with the permission of the 1st respondent as required under the Wild Life Protection Act, the petitioner obtained permission for keeping certain animals and birds which are held captive in that garden. The petitioner wanted to add therein, the animals and birds which were received by the hospital as gifts from the patients or their relatives. The petitioner submitted a request before the 1st respondent for grant of certificate of possession and permission to keep the additional animals also. According to the petitioner, that request, though made in 2002, has not been considered yet. In the meanwhile, the respondents are taking action against the W.P.(c)No.20690/08 2 petitioner on the ground that the petitioner is in possession of wild animals without permission of the Wilde Life Warden as required under the Wild Life Protection Act. A criminal case has also been registered which is pending. In the meanwhile, respondents 1 and 2 have sought for and obtained orders from the 4th respondent permitting them to remove the animals from the premises of the petitioner for the only reason that they have been held captive without permission. In the above circumstances, the petitioner seeks the following reliefs. “i) call for the records leading to Ext.P11 and to quash the same by the issue of a writ in the nature of certiorari or any other such appropriate writ, order or direction; ii) issue a writ in the nature of mandamus commanding the 1st respondent to immediately consider Exts.P6 & P6(a); as also Exts.P7 and P7(a); and to render expeditious orders thereon, granting the certificate of possession applied for by the petitioner with retrospective effect from 10.9.2002” 2. The learned special Government Pleader (Forest) would contend that the petitioner cannot even possess such wild animals without previous permission and therefore, the petitioner is not entitled to the reliefs prayed for in this writ petition. W.P.(c)No.20690/08 3 3. But admittedly, Exts.P6, P6(a), P7 and P7(a) applications have been received by the 1st respondent. In the above circumstances, it is only appropriate that the 1st respondent considers and passes orders on those petitions expeditiously. Accordingly, I direct the 1st respondent to consider and dispose of Exts.P6, P6(a), P7, P7(a) applications as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Till orders are so passed, status quo as on today, in respect of the animals and birds in the premises of the petitioner’s hospital, shall be maintained. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.20690/08 4