Kerala High Court
George Thomas vs The State Of Kerala on 1 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
Friday, the 1st day of November 2024 / 10th Karthika, 1946
WA NO. 1315 OF 2018
AGAINST JUDGMENT DATED 21/06/2018 IN WPC 20219/2018 OF THIS COURT
APPELLANT-PETITIONER IN W.P:
GEORGE THOMAS, AGED 56,S/O THOMAS,PLATHOTTATHIL
HOUSE,MUKKUZHI,POONJAR,MEENACHIL TALUK,KOTTAYAM DIST-686581.
BY ADVS.M/S.SRI.P.B.KRISHNAN(SR.), SRI.BOBBY GEORGE, SRI.P.M.NEELAKANDAN,
SRI.SABU GEORGE & SRI.P.B.SUBRAMANYAN
RESPONDENTS-RESPONDENTS IN W.P:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY,DEPARTMENT OF
FORESTS AND WILDLIFE,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695004.
2. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS(WILD LIFE) AND CHIEF WILD
LIFE WARDEN, VANALAKSHMI,THIRUVANANTHAPURAM-690014.
3. THE ASSISTANT CONSERVATOR OF FORESTS, KOTTAYAM-686001.
SRI.T.P.SAJAN,SRI SANDESH RAJA SPECIAL GOVERNMENT PLEADER FOR R1 TO R3.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of Ext-P7 in W.P.(C)No.20219 of 2018 pending
disposal of the Writ Appeal.
This Writ Appeal again coming on for orders on 01/11/2024 upon
perusing the appeal memorandum and this court's order dated 30/09/2024,
the court on the same day passed the following:
NITIN JAMDAR, C.J. & S. MANU, J.
------------------------------------------------
W.A. No.1315 of 2018
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Dated this the 1st day of November, 2024
ORDER
Nitin Jamdar, C.J.
Heard Mr. P. B. Krishnan, learned Senior Advocate for the
Appellant/Original Petitioner and Mr. T. P. Sajan for Mr. Sandesh Raja
K., learned Special Government Pleader for the Respondents.
2. Pursuant to the direction dated 30 September 2024, an affidavit
is filed by Mr. Subhash K. B., Assistant Conservator of Forests, Social
Forestry Division, Kottayam - Respondent No.3. In the affidavit, the
deponent has stated as under :-
"3. It is submitted that the Elephant has been tethered at
Kalpavanam Elephant Park, Kumily since 2018. The
elephant is monitored by the Assistant Conservator of
Forests, Social Forestry, Idukki since it is tethered in the
jurisdiction of Social Forestry Division, Idukki.
4. It is also submitted that the elephant was
examined by the Dr. Anumod N, the Assistant Forest
Veterinary Officer, Kottayam Forest Division on
15.10.2024 at it tethering place at Kumily and it is reported
that the animal is apparently healthy and feeding well at the
time of inspection and animal is provided with adequate
shelter, care and the surroundings are hygienically
maintained. Copy of the Inspection report is produced
herewith and marked as Annexure R3(a).
5. The Assistant Conservator of Forests, Social Forestry,
Idukki reported that Sri. George Thomas, Plathottathil
House, Mukkuzhi, Poonjar is in possession of the elephant
and the elephant is tethered at Kalpavanam Elephant Park,
Kumily, Idukki District and the current insurance policy
taken for the elephant in his name in United India
Insurance Company Ltd. which is valid upto 08.11.2024.
Copy of the Insurance Policy is produced herewith and
marked as Annexure R3(b).
6. The Assistant Conservator of Forests, Social Forestry,
Idukki also reported that the animal had been monitored
quarterly and the health, hygiene and environment are
being inspected and verified. He is also reported that the
elephant was not used for any other commercial purpose
including temple festival, safaris or log haulage work. The
copy of the quarterly reports from July 2023 to September
2024 submitted by the Assistant Conservator of Forests,
Social Forestry, Idukki is produced herewith and marked as
Annexure R3(c). The photographs showing the inspection,
hygiene of the tethering place etc. are produced herewith
and marked as Annexure R3(d)."
3. The deponent has stated that the elephant is in healthy condition
and there is no matter for concern about its health.
4. Since the Assistant Conservator of Forests, Social Forestry, Idukki
is monitoring the elephant, we place the responsibility on the Assistant
Conservator of Forests, Social Forestry, Idukki, under whose
jurisdiction the elephant is now, to ensure that the elephant is
periodically examined by the Veterinary Officer. The Assistant
Conservator of Forests, Social Forestry, Idukki will accordingly submit a
quarterly report to the Principal Chief Conservator of Forests (Wild
Life) and Chief Wild Life Warden, Thiruvananthapuram.
5. Place the appeal on the weekly board as per the chronological
order. Liberty is given to apply, depending on the outcome of the
proceedings pending before the Hon'ble Supreme Court.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S. MANU
JUDGE
Jvt
01-11-2024 /True Copy/ Assistant Registrar
