Kerala High Court
Rajendrakumar P vs Asisstant Conservator Of Forest on 29 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 8093 OF 2024
PETITIONER:
RAJENDRAKUMAR P, AGED 56 YEARS
S/O GOPALAKRISHNAN NAIR. PUTHAN VEEDU,
CHERPULASSERY,PALAKKAD, PIN - 679503
BY ADVS.
V.SREEJITH (K/1398/2000)
MANSOOR.B.H.
SAKEENA BEEGUM
RESPONDENTS:
1 ASISSTANT CONSERVATOR OF FOREST
SOCIAL FORESTRY,PALAKKAD, PIN - 678002
2 ASISSTANT FOREST CONSERVATOR
OLAVAKKOD PALAKKAD, PIN - 678002
3 VETERINARY SEURGEON, RINDERPESTMOBILEUNIT,
CHERPU, THRISSUR, PIN - 680622
4 CHIEF VETERINARY OFFICER, OFFICE OF THE CHIEF
VETERINARY OFFICER, PALAKKAD, PIN - 678001
BY ADV. SRI T P SAJAN-SPL .GP(FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 8093/24
2
JUDGMENT
The petitioner - who is stated to be the owner of two
elephants, by name 'Cherpulassery Anandapadmanabhan' and
'Cherpulassery Manikandan' - seeks a direction to the respondents
to permit him to participate his elephants in 'ezhunnellippu' and
processions with respect to a temple rituals.
2. Sri.B.H.Mansoor - learned counsel for the petitioner,
submitted that the reason why his client has approached this Court
through this Writ Petition is because, there are functions today and
tomorrow, namely 'Thrithala Nercha' and 'Chalissery
Mullayamparambu Pooram' respectively; and that it is now necessary
that the elephants in question be allowed to participate in them, as
there is no tangible reason for this to be denied. He submitted that,
however, the 1st respondent - Assistant Conservator of Forests, has
issued Ext.P1, denying permission, soley, saying that both elephants
are suffering from health issues. He contended that Ext.P1 is illegal
because, Exts.P2 and P3 Medical Certificates - which are issued a
day after it, by the competent Veterinary Doctor, namely the 3 rd
respondent, certifies both the elephants to be capable of
participating in the functions; and thus prayed that the reliefs sought
for in this Writ Petition be granted.
3. Sri.T.P.Sajan - learned Special Government Pleader for
the Department of Forests, however, submitted that, even going by
Ext.P3, the elephant by name 'Cherpulassery Manikandan' is still
having a wound, which is healing with clear granulation noticed and
therefore, that there is no question of permitting it to be involved in
any function - be that 'ezhunnallippu' or procession. He then added
that, as far as 'Cherpulassery Anandapadmanabhan' is concerned,
Ext.P2 indicates that it is also under treatment, however, since it
says that there is no infection and that it is able to walk normally,
at the best, it can only be used for 'ezhunnallippu', but never for
procession, since subjecting it to such would be deleterious. He,
however, submitted that this will be subject to the condition that it
be verified whether the 'Foot Rot disease', which it suffers, is
contagious or not.
4. I must say that I find force in the afore submissions of
Sri.T.P.Sajan because, the participation of elephants in religious
festivals can only be permitted with full concern for their health and
well-being and in no other manner. As rightly argued by
Sri.T.P.Sajan, though Ext.P3 says that the wound of 'Cherpulassery
Manikandan', is healing; it then adds that there is clear granulation.
Obviously, this elephant cannot be used for any purpose, as has
been now sought for by the petitioner.
5. Coming to 'Cherpulassery Anandapadmanabhan', Ext.P2
shows that its wound is healing, though it is on antibiotic. It also
certifies that the elephant does not have any difficulty in walking
and that it can be allowed to participate in ceremonial functions.
But, as rightly argued by Sri.T.P.Sajan, it cannot be subjected to
processions, where it will have to walk long distances. However, this
would also depend upon the question whether the disease is
contagious or not.
In the afore circumstances, this Writ Petition is ordered with
the following directions:
a) Ext.P1, to the extent to which it denies permission to use
'Cherpulassery Manikandan' is confirmed.
b) As far as 'Cherpulassery Anandapadmanabhan' is
concerned, the petitioner is allowed to use it for 'ezhunnallippu' in
a stationary manner, without walking in processions; for which
purpose, they will examine its wounds today itself and confirm that
it is not contagious. If it is found otherwise, of course, the benefit
of this judgment will stand withdrawn.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 8093/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 23/2/2024
BEARING KFDDO/5225/2024-DFOSFPKD/P1(2)
ISSUED BY THE 1ST RESPONDENT
Exhibit P2 COPY OF THE DISEASE AND TREATMENT OF
RECORD IN RESPECT OF CHEPULASSERY
ANANDAPADMANABHAN
Exhibit P3 COPY OF THE DISEASE AND TREATMENT OF
RECORD IN RESPECT OF CHERPULASSERY
MANIKANDAN
