Kerala High Court
Joyce Joseph vs State Of Kerala on 23 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(C) No. 27599 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
WP(C) NO. 27599 OF 2024
PETITIONER(S):
JOYCE JOSEPH
AGED 54 YEARS
SON OF V.D. JOSEPH, VATTAMKUZHIYIL HOUSE, KOZHA
P.O., KOZHA KARA, KURAVILANGADU VILLAGE, MEENACHIL
TALUK, KOTTAYAM DISTRICT, PIN -686633, REPRESENTED
BY HIS POWER OF ATTORNEY HOLDER AND SON SOLOMON
JOYCE SON OF JOYCE JOSEPH RESIDING AT VATTAMKUZHIYIL
HOUSE, KOZHA P.O., KOZHA KARA, KURAVILANGADU
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT,
PIN - 686633,
BY ADVS.
SRI.ABRAHAM GEORGE JACOB
SMT.SHAHNA
SHRI.M.R.ATHUL
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
KERALA IN THE DEPARTMENT OF FOREST AND WILDLIFE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695031
2 THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS(WILDLIFE)
AND CHIEF WILDLIFE WARDEN
FOREST HEAD QUARTERS, VAZUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 DIVISIONAL FOREST OFFICER KOTTAYAM
2ND FLOOR, CIVIL STATION, KOTTAYAM, PIN - 686002
W.P.(C) No. 27599 of 2024
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4 THE DEPUTY FOREST CONSERVATOR
SOCIAL FORESTRY DIVISION, MANIMALA ROAD, EDAPPALLY,
ERNAKULAM, PIN - 682024
5 THE ASSISTANT CONSERVATOR OF FOREST
SOCIAL FORESTRY DEPARTMENT, KOTTAYAM, PIN - 686001
6 SRI. V.M. MATHEW
AGED 62 YEARS
RESIDING AT VETTUKALLEL HOUSE, UZHAVOOR EAST P.O.
UZHAVOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM
DISTRICT, PIN - 686634
BY ADVS.
SRI.BOBBY GEORGE
SRI.JOY C. PAUL
SHRI.BABY SIMON
SHRI.NOBLE GEORGE
SHRI.ABHILASH MURALEEDHARAN
SRI T P SAJAN, SPL GP( FORESTS)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 27599 of 2024
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P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 27599 of 2024
------------------------------------------------------
Dated this the 23rd day of October, 2025.
JUDGMENT
This writ petition is filed seeking the following reliefs:
"(I) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents 1 to 5 to take
immediate possession and custody of the elephant named
Balanarayanan bearing microchip No. 006590639 described
more particularly in Exhibit P1 Data Book.
(II) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents 2 to 5 to
ensure that the elephant named Balanarayanan bearing
microchip No. 006590639 described more particularly in Exhibit
P1 Data Book is properly insured.
(III) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents 2 to 5 to
ensure that proper medical treatment is given to the elephant
named Balanarayanan bearing microchip No. 006590639
described more particularly in Exhibit P1 Data Book and to
prevent the 6th respondent from further causing injuries to the
elephant.
(IV) Issue a writ of certiorari or any other appropriate
writ, order or direction quashing Exhibit P5.
(V) Petitioner may be permitted to dispense with the
filing of translation of the vernacular documents.
(VI) Issue any other appropriate writ, order or direction
that this Honourable Court deems just and necessary in the
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circumstances of the case. And
(VII) Allow costs."[SIC]
2. Petitioner is the owner of a male elephant named
'Balanarayanan'. The Forest Department issued Ext.P5 letter
stating that the petitioner transferred the elephant without
proper permission from the Chief Wild Life Warden.
Accordingly, Ext.P5 letter is issued by the Deputy Forest
Conservator. Aggrieved by the same, this Writ Petition is filed.
3. Heard the learned counsel appearing for the
petitioner and the learned Special Government Pleader
(Forest).
4. This Court perused Ext.P5. In Ext.P5, the Deputy
Forest Conservator only directed the petitioner to give certain
information. Now, this Court stayed further proceedings based
on Ext.P5. I am of the considered opinion that the petitioner
can be allowed to submit his version to Ext.P5 within a time
frame, and there can be a direction to consider the same, and
till then the interim order can continue.
Therefore, this Writ Petition is disposed of in the following
manner:
1. The petitioner is free to submit his version to Ext.P5,
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within a period of three weeks from the date of receipt
of a certified copy of this judgment.
2. Once, such a version is received, the 4 th respondent will
consider the same and pass appropriate orders after
giving an opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within a period of
three months from the date of receipt of the version.
Before passing orders, the affected parties also should
be given an opportunity of hearing.
3. Till final orders are passed as directed above, the status
quo as on today shall continue.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
DM
Judgment reserved NA
Date of Judgment 23.10.2025
Judgment dictated 23.10.2025
Draft Judgment placed 25.10.2025
Final Judgment uploaded 27.10.2025
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APPENDIX OF WP(C) 27599/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE 1ST PAGE OF THE DATA BOOK
DATED 28/03/2012 ISSUED BY THE DIVISIONAL
FOREST OFFICER, KOTTAYAM
EXHIBIT P2 TRUE COPY OF THE LEGAL NOTICE ISSUED BY
THE PETITIONER TO THE 6TH RESPONDENT DATED
07/04/2016.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 16/04/2024
BEARING NO. E4 1058/20 ISSUED BY THE
4THRESPONDENT
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 02/05/2024
ISSUED BY THE PETITIONER TO THE 4TH
RESPONDENT.
EXHIBIT P5 TRUE COPY OF LETTER DATED 03/05/2024
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 28/05/2018
ISSUED BY THE PETITIONER TO THE 5TH
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 28/05/2018
ISSUED BY THE PETITIONER TO THE RANGE
OFFICER
EXHIBIT P8 TRUE COPY OF POSTER PUBLISHED FOR BOOKING
THE ELEPHANT FOR JANUARY 2025
EXHIBIT P9 TRUE COPY OF POSTER PUBLISHED FOR BOOKING
THE ELEPHANT FOR FEBRUARY 2025
EXHIBIT P10 TRUE COPY OF A POST ON FACEBOOK MADE BY
ONE PRATHEESH PULINCHERI.
EXHIBIT P11 TRUE COPY OF A POST ON FACEBOOK MADE BY
ONE SALAM BIN MUTHALIB.
EXHIBIT P12 TRUE COPY OF A SIMILAR POST ON FACEBOOK
MADE BY A GROUP KNOWN AS 'ORU PAVAM
AANAPREMI'.
RESPONDENT EXHIBITS
EXHIBIT R6(1) COPY OF THE JUDGMENT PASSED IN
O.S.NO.25/2018 DATED 18-03-2020, IN THE
COURT OF THE SUB JUDGE, PALA
EXHIBIT R6(2) DECREE PASSED IN O.S. NO.25/2018 DATED 18-
03-2020, IN THE COURT OF SUB JUDGE, PALA
