IN RE CAPTIVE ELEPHANTS Vs. UNION OF INDIA

JUDGEMENT

(1.) I.A No 41 of 2024 is an application filed by the Cochin Devaswom Board, the additional 30th respondent in the Writ Petition praying that the additional 30th respondent be exempted from complying with the directions contained in paragraph 14 of the order dtd. 13/11/2024 in the above Writ Petition regarding the parading and exhibition of captive elephants. I.A.No.42/2024 is an application filed by the Cochin Devaswom Board seeking the acceptance of the documents produced along with the affidavit in support of the I.A. The application for accepting documents is only to be allowed. However, for reasons indicated below, we are not inclined to grant the relief of exempting the Cochin Devaswom Board from complying with the directions issued by this Court in the order dtd. 13/11/2024 referred to above.

(2.) The applicant in I.A 41/2024 states that the annual festival [xxxxxxx] of the Sree Poornathrayeesha Temple, Thripunithura which is a temple under the ownership and management of the Cochin Devaswom Board is scheduled to be held from 29/11/2024 to 6/12/2024. It is stated that the festival is being conducted directly by the Cochin Devaswom Board through its officials. It is stated that all arrangements for the smooth conduct of the festival have been made by the Devaswom Officer, Thripunithura Devaswom. It is submitted that the applications which are on record as Exts.R30(b) to R30(e) were submitted by the Devaswom Officer before the statutory authorities concerned for permission to parade 15 captive elephants. It is stated that in a meeting of the District Level Monitoring Committee convened at the office of the District Collector, Ernakulam on 25/11/2024, the Devaswom Officer was informed that all the directions issued by this Court on 13/11/2024 have to be complied with by the Devaswom for conducting the festival. It is stated that the additional 30th respondent was impleaded only on 13/11/2024. It is stated that since Ext.R30(f) permission of the Chief Veterinary Officer was issued only on 21/11/2024, the Devaswom Board is not in a position to comply with all the directions contained in the order dtd. 13/11/2024. It is stated that the 'pathivu ' register [Ext.R30(h)] maintained by the Devaswom from 1957 onwards would show that 15 elephants have always been paraded in the festival. It is in the above circumstances that the prayer for exempting the Board from complying with the directions issued by this Court in the order dtd. 13/11/2024 has been sought.

(3.) When this application came up for consideration another Interlocutory Applications namely, I.A.No.40/2024 filed by a person claiming to be a worshipper at the Sree Poornathrayeesha Temple, Thripunithura and claiming to be the owner of an elephant- 'Kuravattoor Ganesh ' was also listed for consideration. That I.A. is an application for impleading. However, we have not allowed the application for impleading and have directed that the deponent of the affidavit shall place on record the document showing that he is the owner of the elephant by name 'Kuravattoor Ganesh '.