[Cites 2, Cited by 0]
Kerala High Court
Sama Srishti Federation Of Animal ... vs Union Of India on 3 December, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2025:KER:93568
WP(PIL) No.29 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH
AGRAHAYANA, 1947
WP(PIL) NO. 29 OF 2025
PETITIONER/S:
SAMA SRISHTI FEDERATION OF ANIMAL RIGHTS
ORGANIZATIONS OF KERALA, REPRESENTED BY IT'S
SECRETARY, PREETHI SREEVALSAN
AGED 45 YEARS
A REGISTERED TRUST HAVING ITS REGISTERED OFFICE
AT PATTAMALI MADOM, KUNNATH LANE, THIRUVAMBADY
P.O., THRISSUR, PIN - 680022
BY ADVS.
SRI.ANIL S.RAJ
SMT.K.N.RAJANI
SMT.RADHIKA RAJASEKHARAN P.
SMT.ANILA PETER
SMT.SIMI S. ALI
SMT.SARITHA K.S.
RESPONDENT/S:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF
ENVIRONMENT, FORESTS AND CLIMATE CHANGE, INDIRA
PARYAVARAN BHAWAN JORBAGH ROAD, NEW DELHI, PIN
- 110003
2 THE ANIMAL WELFARE BOARD OF INDIA,
REPRESENTED BY IT'S CHAIRMAN, HARAYANA, PIN -
121004
2025:KER:93568
WP(PIL) No.29 of 2025
2
3 THE STATE OF KERALA,
REPRESENTED BY IT'S CHIEF SECRETARY,
THIRUVANANTHAPURAM, PIN - 695036
4 MINISTRY OF FORESTS AND WILDLIFE,
THIRUVANANTHAPURAM, REPRESENTED BY IT'S
SECRETARY, PIN - 695036
5 ANIMAL HUSBANDRY DEPARTMENT,
THIRUVANANTHAPURAM, REPRESENTED BY IT'S
SECRETARY, PIN - 695036
6 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
(WILDLIFE) AND CHIEF WILDLIFE WARDEN,
FOREST HEAD QUARTERS, THYCAUD PO,
THIRUVANANTHAPURAM, PIN - 695014
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
OTHER PRESENT:
SRI.NAGARAJ NARAYANAN, G.P
THIS WRIT PETITION (PUBLIC INTEREST LITIGATION)
HAVING COME UP FOR ADMISSION ON 03.12.2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:93568
WP(PIL) No.29 of 2025
3
JUDGMENT
Dr. A.K.Jayasankaran Nambiar, J.
This writ petition, styled as a public interest litigation, was
preferred challenging the validity of Rules 9(b) and (f) of the Captive
Elephants (Transfer or Transport) Rules, 2024, and also the
provisions of Rules 8(4) and 10(4)(i), (ii), (v), (vi), and (ix) of the
Kerala Captive Elephants (Management and Maintenance) Rules,
2012, as violative of Articles 14 and 21 of the Constitution of India,
on the ground that they are manifestly arbitrary in as much as they
tend to expose the life and limbs of members of the public to the risk
of grave harm without determining the principles that guide those
statutory provisions.
2. After arguing the matter for some time, the learned
counsel for the petitioner Smt. P. Radhika Rajasekharan seeks
permission to withdraw the writ petition, without prejudice to the
right of the petitioner to impugn such fresh state action as violates
the statutory or the fundamental rights of the petitioner in
appropriate proceedings in future. Leaving open the liberty to the
petitioner, in that regard, this writ petition is dismissed as
withdrawn. Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
sab JOBIN SEBASTIAN
JUDGE
2025:KER:93568
APPENDIX OF WP(PIL) NO. 29 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT DATED
14.2.2025 IN NDTV.COM REGARDING THIS
INCIDENT
Exhibit P2 TRUE COPY OF THE REPORT DATED 7.2.2025
IN DECCANHERALD.COM REGARDING THIS
INCIDENT
Exhibit P3 TRUE COPY OF THE REPORT DATED 4.2.2025
IN THEHINDU.COM REGARDING THIS
INCIDENT
Exhibit P4 TRUE COPY OF THE REPORT DATED
19.1.2025 IN THE
ENGLISH.MATHRUBHUMI.COM REGARDING THIS
INCIDENT
Exhibit P5 TRUE COPY OF THE REPORT DATED
24.3.2024 IN THE
ENGLISH.MATHRUBHUMI.COM
Exhibit P6 TRUE COPY OF THE REPORT DATED
13.2.2024 IN THE KERALAKAUMUDI.COM
REGARDING THIS INCIDENT
Exhibit P7 TRUE COPY OF THE REPORT DATED 8.1.2025
IN THE HINDU.COM REGARDING THIS
INCIDENT
Exhibit P8 TRUE COPY OF THE REPORT DATED 6.3.2025
IN THEHINDU.COM
Exhibit P9 TRUE COPY OF THE RESOLUTION DATED
15.03.2025
Exhibit P10 TRUE COPY OF THE TRUST DEED NO.
388/2024 OF THE PETITIONER DATED
15.11.2024
RESPONDENT EXHIBITS
Exhibit R6(a) True copy of the Supreme Court order
dated 19.12.2024 in SLP (C) Nos.
303893039012024
Exhibit R6(b) True copy of the Procession Guidelines
2013 issued vicle circular bearing
No.2853/D2/20l3/Forest dated
20.03.2013
Exhibit R1(a) True copy of the Notification dated
14.03.2024 issued by Ministry of
Enviornment, Forest and Climate Change
2025:KER:93568
Exhibit R1(b) True copy of Order dated 03.03.2023 in
Special Leave Petition (Civil) No.
12246 of 2022 of the Honourable
Supreme Court of India
Exhibit R3(a) True copy of supreme court order dated
19.12.2024 in SLP(C) NOs.30389-
Exhibit R3(b) True copy of Procession Guidelines
2013 issued vide circular bearing
No.2853/D2/2013/Forest dated
20.03.2013
PETITIONER EXHIBITS
Exhibit P11 True copy of the letter dated
8.10.2018 of the 6th respondent
Exhibit P12 True copy of the course details
downloaded from their website
Exhibit P13 True copy of the details downloaded
from their website
Exhibit P14 True copy of the course details
available on their website
