C A SUBBAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this writ petition was connected with W.P.No.14029/2008, which has been disposed of today, having regard to the directions issued therein and the prayers made by the petitioners in this writ petition, the same is disconnected and disposed of separately by the following order.

(2.) The petitioners are mainly agriculturists and are also engaged in growing coffee, pepper and other such plantation crops in their farm lands in Coorg District. The grievance of the petitioners is that wild elephants have encroached upon their lands and estates and are trampling upon the vegetation, damaging the plantation and other crops and agricultural produce. As a result the people in the vicinity are living under threat of destruction of their crops and danger to their life from the wild elephants from the neighbouring reserved forest. That despite several representations made to the respondent-authorities, they have not provided any solution to the lingering elephant menace and have been passing on the buck to other departments. Hence, the public interest litigation has been filed by the petitioners.

(3.) It is the case of the petitioners that Kodagu District has primarily two forest divisions i.e., Madikeri Division and Virajpet Division. Nagarahole National Park which forms south eastern tip of Kodagu District is under the administrative control of Hunusur Wildlife Division. That the spate of human-elephant conflict is highest in the District. That coffee plantation is the mainstay of the economy along with paddy. However, wild elephants are straying away from their habitat and have made paddy fields and coffee plantations their home. Elaborating on the problem of the agriculturists and owners of plantations, the petitioners have sought the following reliefs: