IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 WP(C).No. 12636 of 2009(Y) ------------------------------------ PETITIONER(S): -------------------------- P.SUNIL KUMAR, SECRETARY, KSHETRA UPADESHAKA SAMITHI, VAIKOM MAHADEVA TEMPLE, VAIKOM, KOTTAYAM DISTRICT. BY ADVS. MR.VAKKOM N.VIJAYAN SMT.V.RENJU MR.P.ANIYAN SMT.M.A.RAMITHA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FOREST & WILD LIFE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE CHIEF CONSERVATOR OF FOREST & CHIEF WILD LIFE WARDEN, WILD LIFE DEPARTMENT, TRIVANDRUM. 3. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 4. R.BALAKRISHNAN, EASAR NIVAS, TRIKKAVU, PONNANI, MALAPPURAM DISTRICT (PRESENTLY RESIDE AT R.BALAKRISHNAN, 261/IV TH CROSS RMV EXTENSION, IIND STREET, IIND BLOCK, BANGALORE-560 094. BY GOVT. PLEADER MR.GENNY GERVACIS BY ADV. MR.K.N.VENUGOPALA PANICKER, SC, TDB FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN & P.N.RAVINDRAN,JJ --------------------------------------------- W.P(C).No. 12636 of 2009 - Y --------------------------------------------- Dated this the 24th day of April, 2009 J U D G M E N T Mohanan,J: This writ petition is preferred by the petitioner, who is the Secretary of the Kshetra Upadeshaka Samithi, Vaikom Mahadeva Temple praying inter alia to issue a writ of mandamus or other appropriate writ, direction or order directing respondents 1 to 3 to give permission to transfer the elephant to be purchased by the fourth respondent if such purchase is in accordance with the provisions contained in the Kerala Captive Elephants (Management and Maintenance) Rules, 2003 and other guidelines issued by the Government and the Wild Life Department. It is also prayed for the issue of writ of mandamus or other appropriate writ, direction or order directing the second respondent to consider and pass orders on Ext.P5. 2. We have heard learned counsel for the petitioner as well as the learned Government Pleader. 3. Ext.P5 is a representation pending before the Chief Conservator of Forests and Chief Wild Life Warden, WP(C) NO.12636 OF 2009 :-2-: Wild Life Department, Thiruvananthapuram, who is the second respondent in this writ petition, wherein the request is for requisite permission in favour of the fourth respondent or the Devaswom to transfer the elephant to be purchased in accordance with law. 4. Having regard to the facts and circumstances involved in the case, we are of the view that this writ petition can be disposed of directing the second respondent to take up Ext.P5 representation and to dispose of the same on merit after having considered Ext.P4 affidavit and also other relevant provisions of law, rules and guidelines issued, within two months from the date of production of copy of the judgment by the petitioner to the second respondent and after giving an opportunity of being heard to the petitioner and other concerned. The writ petition is disposed of with the above direction. V.K.Mohanan, Judge. MBS/ P.N.Ravindran, Judge. WP(C) NO.12636 OF 2009 :-3-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- WP(C) NO.12636 OF 2009 :-4-: M.A.C.A.NO. OF 200 -------------------------------------------- J U D G M E N T DATED: -1-2009 WP(C) NO.12636 OF 2009 :-5-: