Kerala High Court
Paramekkavu Devaswom vs State Of Kerala on 23 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
W.P.(C) NO.20507 OF 2023
PETITIONER:
1 PARAMEKKAVU DEVASWOM,
AGED 59 YEARS,
HAVING ITS OFFICE AT GITANJALI BUILDINGS,
ROUND EAST, CHEMBUKKAVU VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT, PIN CODE-680 001,
REPRESENTED BY ITS SECRETARY, G.RAJESH,
AGED 59, S/O.V.G.PODUVAL, RESIDING AT CHANDRA VILLA,
CHEMBUKKAVU VILLAGE, KEERAKULANGARA DESOM, EAST FORT
P.O., THRISSUR TALUK, THRISSUR, PIN-680 005.
2 THE SECRETARY,
AGED 59 YEARS, PARAMEKKAVU DEVASWOM,
HAVING ITS OFFICE AT GITANJALI BUILDINGS, ROUND EAST,
CHEMBUKKAVU VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT, PIN-680 001.
BY ADVS.
AJITH VISWANATHAN
SHIBU JOSEPH
SAYED MANSOOR BAFAKHY THANGAL
M.SRIRAM
P.VISWANATHAN (SR.)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FORESTS AND WILDLIFE,
FOREST HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN-695 014.
2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WILDLIFE)
AND CHIEF WILDLIFE WARDEN), FOREST HEADQUARTERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014.
3 THE ASSISTANT CONSERVATOR OF FOREST,
THRISSUR SOCIAL FORESTRY, PALACE ROAD,
CHEMBUKAVU P.O., THRISSUR, PIN-680 020.
-2-
W.P.(C) NO.20507 OF 2023
4 THE DIVISIONAL FOREST OFFICER,
FOREST RANGE, MALAYATTOOR, FOREST OFFICE RD
KODANAD, PERUMBAVOOR, ERNAKULAM, PIN-683 544.
5 RANGE FOREST OFFICER,
SOCIAL FORESTRY, PALACE ROAD,
CHEMBUKAVU P.O., THRISSUR, PIN-680020
R1-R5 SRI. T.P.SAJAN, SPECIAL GOVERNMENT PLEADER(FORESTS)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) NO.20507 OF 2023
P.V. KUNHIKRISHNAN, J.
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W.P.(C) No.20507 of 2023
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Dated this the 23rd day of June, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
(A) Issue a writ of mandamus or direction, directing
the 2nd respondent to issue certificate of ownership of
the tusks of Paramekkavu Sree Padmanabhan to the
petitioners,
(B) Issue a writ of mandamus or direction, directing
the 2nd respondent to consider and pass orders in
Exhibit P6 application, within such time, as may be
prescribed by this Hon'ble court,
C) Issue a writ of mandamus or direction, directing
the 5th respondent to release and hand over the tusks
of the deceased tusker Paramekkavu Sree
Padmanabhan to the petitioners, which was
surrendered during the post mortem of the said
tusker,
(D) Dispense the petitioners from producing the
translated copies of vernacular documents,
(E) Pass such other orders as this Hon'ble Court may
deem fit and proper in the facts and circumstances of
the case.
W.P.(C) NO.20507 OF 2023
2. The 1st petitioner is the Devaswom. It is submitted
that a tusker named Paramekkavu Sree Padmanabhan, owned
by the 1st petitioner through the 2nd petitioner, died on
11.07.2022. The petitioners claimed the tusk of the elephant.
The petitioners already submitted Ext.P7 representation before
the 2nd respondent. The same is also not considered is the
grievance. Hence this writ petition.
3. Heard the Counsel for the petitioners and the Special
Government Pleader (Forests).
4. After hearing both sides, I am of the considered
opinion that these are matters to be looked into by the 2nd
respondent. There can be a direction to the 2 nd respondent to
consider Ext.P7 representation with notice to the petitioners
within a time frame.
Therefore, this writ petition is disposed of with the following
directions:
i) The 2nd respondent is directed to consider and pass
appropriate orders in Ext.P7 representation, after
giving an opportunity of hearing to the petitioners, as
expeditiously as possible, at any rate, within six weeks
from the date of receipt of a copy of this judgment.
W.P.(C) NO.20507 OF 2023
ii) The petitioners are free to produce supporting
documents before the 2nd respondent at the time of
hearing.
iii) The petitioners will produce a certified copy of this
judgment along with a copy of this writ petition before
the 2nd respondent for compliance.
Sd/-
P.V. KUNHIKRISHNAN
JUDGE
bpr
W.P.(C) NO.20507 OF 2023
APPENDIX OF WP(C) 20507/2023
PETITIONERS' EXHIBITS
Exhibit P 1 TRUE PHOTOSTAT COPY OF DATA BOOK OF THE
TUSKER PARAMEKKAVU SREE PADMANABHAN ISSUED
BY THE 2ND RESPONDENT DATED 16-04-2012
Exhibit P 2 TRUE PHOTOSTAT COPY OF THE OWNERSHIP
CERTIFICATE BEARING NO.WL5-8556/2005
ISSUED BY THE 2ND RESPONDENT DATED
29-04-2006
Exhibit P 3 TRUE PHOTOSTAT COPY OF THE CERTIFICATE OF
IMPLANTATION OF MICROCHIP BEARING
NO.000658D7E8 DATED 17-07-2007
Exhibit P 4 TRUE PHOTOSTAT COPY OF THE INSURANCE
POLICY DOCUMENT BEARING
NO.1007004721P112444881 DATED 01-03-2022,
VALID FROM 01-03-2022 TO 28-02-2023
Exhibit P 5 TRUE PHOTOSTAT COPY OF THE COMMUNICATION
ISSUED BY THE 2ND PETITIONER TO THE 4TH
RESPONDENT, DATED 12-07-2022
Exhibit P 6 TRUE PHOTOSTAT COPY OF THE
DECLARATION/APPLICATION MADE BY THE 2ND
PETITIONER, UNDER SECTION 40A OF THE WILD
LIFE (PROTECTION) ACT AS PRESCRIBED UNDER
THE DECLARATION OF WILD LIFE STOCK RULES,
2003 BEFORE THE 2ND RESPONDENT DATED
14-07-2022
Exhibit P 7 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 16-07-2022, ISSUED BY THE PETITIONER
DEVASWOM TO THE 2ND RESPONDENT
