K S VASUDEVAN Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) THE petitioner, who is the president of the Perathrikove - THEchikottukavu - Poorathrikove Devaswom, is stated as aggrieved of non-withdrawal of Ext. P2, preventing the Devaswom elephant 'THEchikkottukavu Ramachandran', from being paraded in the festivals, because of the safety and security reasons. According to the petitioner, in view of the subsequent developments, particularly Ext. P4 report of the expert committee and Ext.P5 certificate, the claim is justified.

(2.) THE learned counsel for the petitioner submits that, there occurred some tragedy, when the elephant was being paraded in a festival earlier, leading to the loss of life of a person. This led to issuance of Ext. P2 whereby the elephant was prevented from being paraded in public functions, because of the defect to the right eye sight and such other aspects until further orders. Ext. P2 is dated 04.05.2010. It is the case of the petitioner that, the position has improved and that elephant is perfectly alright as on date. Pursuant to the application preferred by the petitioner before the concerned authority, Ext. P3 proceedings dated 22.07.2010 was issued for causing the elephant to be examined by a 'Medical team' consisting of Forest Veterinary Officer and two Government Veterinary Officers . Accordingly, the examination was conducted, leading to issuance of Ext. P4 report dated 11.08.2010, wherein it has been observed that, the elephant is at present healthy and free from any contagious diseases. However, it is stated that extra care has to be taken by all the mahouts in view of blindness to the right eye; that one mahout shall always stand on the right side holding the tusk on the right side, besides one mahout holding on the left side and another mahout behind the elephant, when the elephant is paraded in public functions. It is also specified therein that the elephant should always be properly chained, when taken out in public places or allowed to participate in public functions; following the above criteria strictly and observing all relevant rules with regard to the captive elephant management. It is further stipulated that, the concerned forest officials may be advised to verify these aspects, whenever this elephant is paraded in public functions in their jurisdiction. It was accordingly, that Ext. P5 'certificate of fitness' of the elephant was issued on 29.01.2011. THE Chief Forest Conservator, Trivandutm has already directed the respondent, through Ext. P6 letter dated 05.01.2011, to ensure the satisfaction of the conditions stipulated in Ext. P4 and to take precautionary measures.