Rajendrakumar P vs Asisstant Conservator of Forest

Type Court Judgment Court Kerala Decided Mar 12, 2024

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Citation: sooperkanoon.com/1314849
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Mar 12, 2024
Case Number: WP(C)/9219/2024

Parties & Advocates

Appellant / Petitioner

Rajendrakumar P

Respondent

Asisstant Conservator of Forest

Excerpt

.....but today, the learned counsel for the petitioner - sri.b.h.mansoor asserts that he has now improved very well, as evident from ext.p5 health certificate issued by the competent veterinary doctors, under the provisions of the kerala captive elephants (management and maintenance) rules, 2012. he thus prayed that the aforementioned elephant also be allowed to be used for “ezhunnallippu” and procession, with respect to temple rituals.3. sri.t.p.sajan - learned special government pleader forthe department of forests, submitted that, prima facie, ext.p5 appears to indicate that the wounds of the elephant in question is healing well; but that if this court is inclined to allow it to be used for the procession and temple rituals, liberty may also be reserved to the competent authority of the forests to observe it on a regular basis and take necessary action, if it becomes so warranted.4. no doubt, the afore suggestion of sri.t.p.sajan is the best available to the petitioner also.5. in the afore circumstances, i allow this writ petition andpermit the use of the elephant in question, namely 'cherpulassery manikandan' for “ezhunnallippu”; however in a stationary manner, without making it walk in processions. needless to say, the competent official respondents will keep a constant vigil on the condition of the elephant and take necessary action, as and when it becomes so warranted.sd/- devan ramachandran judge stu appendix of wp(c) 9219/2024 petitioner exhibits exhibit p1 true copy of the order dated 23/2/2024 bearing kfddo/5225/2024-dfosfpkd/p1(2) issued by the first respondent exhibit p2 true copy of the disease and treatment of anandapadmanabhan exhibit p3 true copy of the disease and treatment of manikandan exhibit p4 true copy of the judgment dated 29/2/2024 in w.p (c ) no:8093/2024 of this hon'ble court exhibit p5 true copy of the latest health certificate dated 4/3/2024 issued by the fifth respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945 PETITIONER: RAJENDRAKUMAR P., AGED 56 YEARS S/O GOPALAKRISHNAN PUTHAN VEEDU, CHERPULASSERY PALAKKAD, PIN - 679503 MANSOOR.B.H. V.SREEJITH (K/1398/2000) SAKEENA BEEGUM RESPONDENTS:
1 ASISSTANT CONSERVATOR OF FOREST SOCIAL FORESTRY PALAKKAD, PIN - 678002 2 ASISSTANT FOREST CONSERVATOR OLAVAKKOD PALAKKAD, PIN - 678002 3 VETERINARY SEURGEON RINDERPEST MOBILE UNIT CHERPU THRISSUR, PIN - 680622 4 CHIEF VETERINARY OFFICER OFFICE OF THE CHIEF VETERINARY OFFICER PALAKKAD, PIN - 678001 5 VETERINARY SEURGEON VETIRENARY DISPENSARY THRIKKADEERI MANGODE, PIN - 679503 SRI. NAGARAJ NARAYANAN, SPL. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is a sequel to W.P.(C) No.8093/2024, which was earlier disposed of through Ext.P4 judgment.

2. As evident from the afore judgment, this Court allowed the writ petition qua only one of the elephants, but not with

respect to the other, which is known by the name 'Cherpulassery Manikandan'. This was for the reason that the health condition of the said elephant was found not satisfactory; but today, the learned counsel for the petitioner - Sri.B.H.Mansoor asserts that he has now improved very well, as evident from Ext.P5 Health Certificate issued by the competent veterinary doctors, under the provisions of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012. He thus prayed that the aforementioned elephant also be allowed to be used for “ezhunnallippu” and procession, with respect to temple rituals.

3. Sri.T.P.Sajan - learned Special Government Pleader for

the Department of Forests, submitted that, prima facie, Ext.P5 appears to indicate that the wounds of the elephant in question is healing well; but that if this Court is inclined to allow it to be used for the procession and temple rituals, liberty may also be reserved to the competent Authority of the Forests to observe it on a regular basis and take necessary action, if it becomes so warranted.

4. No doubt, the afore suggestion of Sri.T.P.Sajan is the best available to the petitioner also.

5. In the afore circumstances, I allow this writ petition and

permit the use of the elephant in question, namely 'Cherpulassery Manikandan' for “ezhunnallippu”; however in a stationary manner, without making it walk in processions. Needless to say, the competent official respondents will keep a constant vigil on the condition of the elephant and take necessary action, as and when it becomes so warranted.

Sd/- DEVAN RAMACHANDRAN JUDGE stu APPENDIX OF WP(C) 9219/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 23/2/2024 BEARING KFDDO/5225/2024-DFOSFPKD/P1(2) ISSUED BY THE FIRST RESPONDENT Exhibit P2 TRUE COPY OF THE DISEASE AND TREATMENT OF ANANDAPADMANABHAN Exhibit P3 TRUE COPY OF THE DISEASE AND TREATMENT OF MANIKANDAN Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 29/2/2024 IN W.P (C ) NO:8093/2024 OF THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE LATEST HEALTH CERTIFICATE DATED 4/3/2024 ISSUED BY THE FIFTH RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Rajendrakumar P vs Asisstant Conservator of Forest Same Judge Honourable Mr. Justice Devan Ramachandran