IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 4216 of 2011(B) ------------------------- PETITIONER: --------------- K.S.VASUDEVAN, AGED 59 YEARS, S/O.K.P.SANKARAN, RESIDING AT KUMBOOR HOUSE, 'USHUS', P.O.PERAMANGALAM, THRISSUR, PRESIDENT, PERATHRIKOVE-THECHIKOTTUKAVU- POORATHRIKOVE DEWASWOM. BY ADV. MR. P.DEEPAK RESPONDENT: --------------- THE DIVISIONAL FOREST OFFICER, THRISSUR-680001. BY SENIOR GOVERNMENT PLEADER K.V. POULOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 4216 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 11th day of February, 2011 JUDGMENT The petitioner, who is the president of the Perathrikove - Thechikottukavu - Poorathrikove Devaswom, is stated as aggrieved of non-withdrawal of Ext. P2, preventing the Devaswom elephant 'Thechikkottukavu Ramachandran', from being paraded in the festivals, because of the safety and security reasons. According to the petitioner, in view of the subsequent developments, particularly Ext. P4 report of the expert committee and Ext.P5 certificate, the claim is justified. 2. The learned counsel for the petitioner submits that, there occurred some tragedy, when the elephant was being paraded in a festival earlier, leading to the loss of life of a person. This led to issuance of Ext. P2 whereby the elephant was prevented from being paraded in public functions, because of the defect to the right eye sight and such other aspects until further orders. Ext. P2 is dated 04.05.2010. It is the case of the petitioner that, the position has improved and that elephant is perfectly alright as on date. Pursuant to the application preferred by the petitioner before the concerned authority, Ext. P3 proceedings dated 22.07.2010 was issued for W.P. (C) No. 4216 of 2011 : 2 : causing the elephant to be examined by a 'Medical team' consisting of Forest Veterinary Officer and two Government Veterinary Officers . Accordingly, the examination was conducted, leading to issuance of Ext. P4 report dated 11.08.2010, wherein it has been observed that, the elephant is at present healthy and free from any contagious diseases. However, it is stated that extra care has to be taken by all the mahouts in view of blindness to the right eye; that one mahout shall always stand on the right side holding the tusk on the right side, besides one mahout holding on the left side and another mahout behind the elephant, when the elephant is paraded in public functions. It is also specified therein that the elephant should always be properly chained, when taken out in public places or allowed to participate in public functions; following the above criteria strictly and observing all relevant rules with regard to the captive elephant management. It is further stipulated that, the concerned forest officials may be advised to verify these aspects, whenever this elephant is paraded in public functions in their jurisdiction. It was accordingly, that Ext. P5 'certificate of fitness' of the elephant was issued on 29.01.2011. The Chief Forest Conservator, Trivandutm has already directed the respondent, through Ext. P6 letter dated 05.01.2011, to ensure the satisfaction of the conditions stipulated in Ext. P4 and to take precautionary measures. W.P. (C) No. 4216 of 2011 : 3 : 3. Heard the learned Special Government Pleader as well. 4. Considering the facts and circumstances, this Court finds it fit and proper to direct the respondent to reconsider Ext. P2 forthwith, in the light of observations contained in Ext. P4 and the contents of Exts. P5 and P6. It is brought to the notice of this Court that the festival in the temple belonging to the petitioner is being conducted tomorrow and the day after tomorrow and it was this particular elephant which was being deployed to carry the “thidambu of the deity' every year. In the said circumstances: the petitioner will stand permitted to engage this elephant in the festival scheduled on 12th and 13th of the this month, subject to the satisfaction of the conditions stipulated in Ext P4 and subject to the supervision by the respondent as ordered by the Chief Conservator of Forest vide Ext. P6. It is made clear that such parading of the elephant will be at sole risk and cost of the petitioner. The respondent is at liberty to seek for the help of the police to the requisite extent for giving effect to the verdict as aforesaid. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd