Nibha Namboodiri vs Union Of India
2021 Latest Caselaw 14088 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                  &
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                        WP(C) NO. 3890 OF 2017
PETITIONER:

          NIBHA NAMBOODIRI
          PATHIRIKUNNATH MANA, MUNDAKOTTUKURISHI.P.O.,
          SHORNUR VIA, PALAGHAT DISTRICT, KERALA-679 122.
          BY ADVS.
          SRI.M.R.HARIRAJ
          SMT.B.MEERA


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
          DEPARTMENT OF MINISTRY OF ENVIRONMENT, FOREST AND
          CLIMATE CHANGE, INDIRA PARYAVARAN BHAVAN, JOR BAGH
          ROAD, NEW DELHI-110 003.
    2     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,
          DEPARTMENT OF FORESTS AND WILD LIFE, SECRETARIAT,
          THIRUVANATHAPURAM-695 001.
    3     PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND WILDLIFE
          FOREST HEAD QUARTERS, STATE OF KERALA, VAZHUTHAKAD,
          THIRUVANANTHAPURAM-695 014.
    4     THE CHIEF WILDLIFE WARDEN
          FOREST HEAD QUARTERS, VAZHUTHACAUD, TRIVANDRUM-695 014.
    5     THE WILDLIFE WARDEN
          WAYANAD WILDLIFE DIVISION, SULTHAN BATHERY,
          WAYNAD DISTRICT, KERALA-673 592.
          BY ADV SRI.R.PRASANTH KUMAR, CGC.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.3890 of 2017
                                          2



                                    JUDGMENT

Dated this the 7th day of July, 2021

S.Manikumar, C.J.

Instant writ petition has been filed seeking for the following reliefs:

"a. to declare that the capture of the elephant popularly called Kallur Komban by the respondents is illegal and ultra vires. b. to call for the records leading to any order issued by the respondents to capture the elephant popularly called Kallur Komban and set aside the same by the issuance of a writ of certiorari or other appropriate writ order or direction. c. to call for the records leading to any order issued by the respondents to keep the elephant popularly called Kallur Komban in captivity and set aside the same by the issuance of a writ of certiorari or other appropriate writ order or direction. d. to issue a writ of mandamus or other appropriate writ order or direction commanding the respondents not to start or continue any training of the elephant popularly called Kallur Komban for continuing the said animal in captivity. e. to issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to take immediate steps to release the elephant popularly called Kallur Komban back to the wild and to take necessary steps to rehabilitate him with necessary expert assistance.

f. to issue a writ of mandamus or other appropriate writ order or direction commanding the 4th and 5th respondents to monitor the post release activities of the elephant popularly called Kallur Komban and thus to ensure the safety of the animal and human beings and property."

W.P.(C)No.3890 of 2017

2. On this day, when the matter came up for hearing,

Mr.M.R.Hariraj, learned counsel for the petitioner submitted that the

petitioner is not pressing the writ petition.

Placing on record the said submission, instant writ petition is

dismissed as not pressed.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv /TRUE COPY/

P.A. TO JUDGE