IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 16920 of 2006(S) ------------------------------------ PETITIONER(S): ---------------------- 1. PEOPLE FOR ANIMALS, CHENNAI. 2. PEOPLE FOR ANIMALS, KOLLAM. THE PETITIONERS ARE REPRESENTED BY PROF. C.K.THANKKACHI, IOTA, MUNDAKKAL MIDDLE, KOLLAM, PRESIDENT, PEOPLE FOR ANIMALS, KOLLAM. BY ADV. SRI.M.P.RAMACHANDRAN NAIR (SR.) SMT.T.G.SEETHAL SRI.DEVAN RAMACHANDRAN RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY MINISTRY OF ENVIRONMENT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR, PROJECT ELEPHANT, PARIYAVARAN BHAVAN, C.G.O. COMPLEX, LODHI ROAD, NEW DELHI. 4. CHIEF WILD WARDEN, CHENNAI. 5. CHIEF WILD WARDEN, TRIVANDRUM. 6. DIRECTOR, DEPARTMENT OF ANIMAL HUSBANDARY, TRIVANDRUM. W.P.(C) NO.16020/2006 *ADDL. RESPONDENTS IMPLEADED 7. UNITED INDIA INSURANCE COMPANY LTD., HEAD OFFICE, 24, WHITE ROAD, CHENNAI 600 014. 8. NMEW INDIA ASSURANCE COMPANY LTD., HEAD OFFICE, NEW INDIA ASSURANCE BUILDING, 87, M.G. ROAD, FORT, MUMBAI, 400 001. 9. ORIENTAL INSURANCE COMPANY LTD., HEAD OFFICE, ORIENTAL HOUSE, 25/27, ASAF ALI ROAD, NEW DELHI 110002,. 10. NATIONAL INSURANCE COMPANY LTD., HEAD OFFICE, S.MIDDLE TON STREET, CALCUTTA 700 071. AADDL. R7 TO R10 ARE IMPLEADED AS PER ORDER DT. 6.7.06 IN IA. 9181/06. ADV. SRI.FRANCIS JOSEPH KURISINKAL, ADDL.CGS FOR R1,R3,R4 SRI.VPK.PANICKER FOR R9 SRI.KKM.SHERIF FOR R8 SRI.P.A.MOHAMMED ASHROF FOR R8 SRI.A.A.ZIYAD RAHMAN FOR R8 SMT.SHEENA SAMUEL FOR R8 SRI.RAKESH DAWNY KOKKATTU FOR R8 SRI.T.J.LAKSHMANAN IYER FOR R7 SRI.T.GOPALAKRISHNAN FOR R7 SRI.RAJESH THOMAS FOR R7 SRI.RAJAN P.KALIYATH FOR R10 GOVERNMENT PLEADER SRI.K.SANDESH RAJA FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16920/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE REPORT IN THE HINDU DT. 28.1.06. P2:- COPY OF THE REPORT IN the SITE MANAGED BY EXPRESS NET WORK PVT. LTD. DT. 30.5.06. P3:- COPY OF THE REPORT IN THE NEW SUNDAY EXPRESS DET. 18.6.06. P4:- COPY OF THE REPORT IN THE HINDU DT. 25.2.04. P5:- COPY OF THE REPORT IN THE HINDU DT. 20.3.05. P6:- COPY OF THE REPORT IN THE HINDU DT. 25.2.04. P7:- COPY OF THE REPORT IN THE HINDU DT. 29.3.04. P8:- COPY OF THE REPOT IN THE HINDU DT. 24.1.05. P9:- COPY OF THE REPORT IN THE HINDU DT. 25.6.06. R5(a):- COPY OF THE JUDGMENT DT. 5.7.06 IN WPC. 15789/06. R6(a):- COPY OF THE POST MORTEM REPORT. /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J. -------------------------------------- W.P(C)No.16920 of 2006 - S ------------------------------------- Dated 8th January, 2009 JUDGMENT Koshy, Ag.C.J . This petition is filed mainly to conduct an enquiry regarding the Peppara incident wherein an elephant died allegedly due to cruelty towards it. It is further prayed that the Government should he directed to establish elephant shelter for the care of old and destituted elephants. Government has filed a detailed counter affidavit on 17.10.2007. It shows that various enquiries were conducted including post mortum of the elephant died at Peppara. In any event detailed enquiry has to be conducted by the Government. In the enquiry report in the Peppara incident, it is reported that the death of the elephant was not due to any cruelty to the animal. In the Peppara incident the elephant died due to Staphylococcal suppurative pneumonia and septicaemia resulting in asphyxia and death. Even after filing of the writ petition several directions were issued by the Government for protection of the W.P(C)No.16920 of 2006 - S 2 elephant. We also direct the officers to strictly comply with the provisions of Wild Life (Protection) Act, 1972, Prevention of Cruelty to Animals Act and the Kerala Captive Elephants (Management and Maintenance) Rules, 2003. If these provisions of the Acts and Rules were complied with, every atrocities can be prevented. No further directions are necessary and the writ petition stands closed. J.B.KOSHY ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE bkn/-