THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (THE CHIEF WILDLIFE WARDEN) AND ORS. Vs. THE SECRETARY, PARAMEKKAVU DEVASWOM

JUDGEMENT

(1.) These four Writ Appeals and one Writ Petition raise an important issue pertaining to transfer/sale/ transaction/transportation of elephants in the State of Kerala. The issue assumes more importance in view of the fact that the State of Kerala is known for its rich wealth of elephants and large number of traditions and rituals being associated with elephants in different ceremonies being performed in temples and other places. W.A.No.1650 of 2014 is being treated as the leading case, facts of which case are being noted in detail.

(2.) This Writ Appeal has been filed against the judgment dated 28.8.2014 in W.P(C).No.17848 of 2014, by which judgment the Writ Petition filed by the Secretary, Paramekkavu Devaswom, has been disposed of holding that no permission is required from the Chief Forest Conservator to obtain an elephant from outside the State.

(3.) This Writ Appeal has been filed against the judgment dated 23.10.2014 passed in W.P(C).No.27680 of 2014, by which judgment the learned Single Judge, relying on the judgment dated 28.8.2014 in W.P(C).No.17848 of 2014, disposed of the Writ Petition. The Writ Petition was filed by the Parkkadi Kshetra Kshema Samithi. The petitioner claimed to be running activities of the Anjur Sree Parakkadi Bhagavathi Kshethram. It was stated in the Writ Petition that the petitioner is in need of an elephant for performing poojas and rituals in connection with the temple. The petitioner claimed to have approached the Principal Chief Conservator of Forests seeking permission to purchase an elephant from other State like Assam and Arunachal Pradesh. Copy of the said representation dated 25.1.2014 has been produced as Exhibit P1, by which necessary permission was sought for. By Exhibit P2 communication dated 4.2.2014 the petitioner was informed by the Additional Principal Chief Forest Conservator as follows: