IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 17066 OF 2022
PETITIONER:
PADMASREE DR.T.A.SUNDAR MENON,
AGED 61 YEARS,
'SWATHY', (KRISHNAKATAKSHAM), HOUSE NO. 27/182,
DIVAN NARAYANA MENON ROAD, CHEMBOOKKAVU, THRISSUR
680 020.
BY ADV N.MAHESH
RESPONDENTS:
1 THE PRINCIPAL CHIEF FOREST CONSERVATOR,
(CHIEF WILDLIFE WARDEN), FOREST HEADQUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM- 695 006.
2 ADDITIONAL PRINCIPAL CHIEF FOREST CONSERVATOR,
(BIODIVERSITY CELL), FOREST AND WILDLIFE
DEPARTMENT, FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM- 695 006.
SRI.SANGEETH C U, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 17066 OF 2022 2
JUDGMENT
Dated this the 26th day of May, 2022 The petitioner, who is a citizen hailing from Thrissur and who is an entrepreneur doing his business in the Middle East nations, is before this Court seeking to direct the 1 st respondent to release the trophies obtained from the petitioner's deceased elephant 'Ayyappan' forthwith and also to issue Certificate of Ownership of the same in view of Section 42 of the Wildlife Protection Act, 1972.
2. The petitioner states that he is the owner of a captive elephant named 'Adiyatt Ayyappan'. The said elephant was covered by a Certificate of Ownership issued by the 1 st respondent under Section 42 of the Act. A data book in respect of the elephant was issued to the petitioner under the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.
WP(C) NO. 17066 OF 2022 3
3. The petitioner states that the said elephant died on 19.12.2016. The petitioner submitted an application for return of tusks (trophies). To the predicament of the petitioner, the 2 nd respondent refused the request made by the petitioner for the alleged security reasons. Thereupon, the petitioner submitted Ext-P6 representation to the 2nd respondent seeking to reconsider the claim of the petitioner.
4. The learned counsel for the petitioner would submit that as per Section 42 of the Act, the Chief Wildlife Warden is expected to issue a Certificate of Ownership in such form to any person, who is in lawful possession of any wild animal for any animal article, trophy and uncured trophy. It is an admitted position that the elephant 'Ayyappan' was in the lawful possession, control and custody of the petitioner. Therefore, the respondents ought to have released the tusks (trophies) to the petitioner allowing his application, contended the learned counsel for the petitioner.
5. I have heard the learned counsel for the petitioner and the learned Special Government Pleader (Forests). WP(C) NO. 17066 OF 2022 4
6. The fact that the petitioner is the owner of the elephant in question is not under serious dispute. After the death of the elephant, the petitioner has made application for possessing the tusks of the elephant. The application has been rejected for alleged security reasons.
7. This Court notes that in identical circumstances, this Court has delivered Exts.P7 and P8 judgments, wherein the competent authorities were directed to take a decision on such claims after due enquiries under Section 41 of the Act and to take a decision in terms of Section 42 of the Act.
In view of the facts stated above, this writ petition is disposed of directing the 2nd respondent to reconsider Ext.P6 application submitted by the petitioner and pass appropriate orders thereon after conducting due enquires, if necessary. An order shall be passed within a period of two months.
Sd/-
N. NAGARESH, JUDGE DSV/26.05.2022 WP(C) NO. 17066 OF 2022 5 APPENDIX OF WP(C) 17066/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF CERTIFICATE OF OWNERSHIP DATED 30.12.2004.
Exhibit P2 TRUE COPY OF CERTIFICATE OF IMPLANTATION OF MICROCHIP ISSUED BY THE ASSISTANT CONSERVATOR OF FORESTS, PEECHY, THRISSUR DATED 17.07.2007.
Exhibit P3 TRUE COPY OF RELEVANT PAGES OF THE DATA BOOK OF CAPTIVE ELEPHANT DATED NIL.
Exhibit P4 TRUE COPY OF DEATH CERTIFICATE IN RESPECT OF THE ABOVE MENTIONED ELEPHANT ISSUED BY DR. P.B. GIRIDAS, VETERINARY SURGEON, DISTRICT VETERINARY CENTRE, THRISSUR DATED 19.12.2016.
Exhibit P5 TRUE COPY OF COMMUNICATION OF THE 2ND RESPONDENT TO THE PETITIONER DATED 7.1.2017.
Exhibit P6 TRUE COPY OF REPRESENTATION DATED 1.7.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.C NO.
20319 OF 2010 DATED 1.7.2016 OF THIS HON'BLE COURT.
Exhibit P8 TRUE COPY OF JUDGMENT IN W.P.C NO. 12541 OF 2018 DATED 9.10.2018 OF THIS HON'BLE COURT.
RESPONDENTS' EXHIBITS : NIL