IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 13278 of 2009(D) -------------------------- PETITIONER(S): --------------- THE ASRAMAM SREE KRISHNA SWAMY MAHA TEMPLE ADVISORY COMMITTEE ASRAMAM.PO,KOLLAM-2, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF FORESTS & WILD LIFE,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE CHIEF WILD LIFE WARDEN,FOREST HEADQUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).13278/2009 -------------------- Dated this the 21st day of May, 2009 JUDGMENT Petitioner, who is a Temple Advisory Committee of Asramam Sree Krishna Swamy Maha Temple, has approached this Court seeking a direction to the first respondent to allot one elephant for the religious activities to be carried on in the Temple. It is pointed out that the elephant which belonged to the Temple and was being used for 35 years for regular rituals being conducted in the Temple had died on 24.3.2009 pursuant to a motor vehicle accident. 2. Reference is also made to Ext.P6 judgment of this Court when it has been declared that the sale, transfer and other dealings involving change of hands of captive elephants should be only with the approval and in accordance with the norms prescribed by the Chief Wild Life Warden, who will ensure that purchasers have the required facilities to maintain the captive elephants purchased by them. Ext.P7 request is therefore, pending before W.P.(C).13278/2009 2 respondents 1 and 2. Going by Ext.P6 judgment, the request will have to be first considered by the second respondent and he will have to, before taking a decision, take the approval from the Government. 3. Accordingly, second respondent shall look into Ext.P7 and take a decision in accordance with the principles laid down in Ext.P6 judgment and if the request made by the petitioner meets with the approval of the second respondent, he shall communicate the same to the petitioner within six weeks from the date of receipt of a copy of this judgment. If there are any formalities to be complied with by the petitioner, that shall also be intimated within the said time frame. Final orders shall be passed within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs