Padmasree Dr.T.A.Sundar Menon vs The Principal Chief Forest ...
2022 Latest Caselaw 5588 Ker

            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.

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).

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

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