S.MURALIDHARAN Vs. PRINCIPAL CHIEF CONSERVATOR OF FORESTS

JUDGEMENT

(1.) Claiming himself to be an avid animal lover, who has dedicated his life for the cause of animals, petitioner has filed the instant writ petition, for a mandamus, directing the Principal Chief Conservator of Forests and Chief Wildlife Warden, Chennai, first respondent, to take possession of Elephant - Malachi, from Mrs.Indira, third respondent and to maintain it in any rejuvenation camp.

(2.) Petitioner states that a female elephant, aged about 34 years, was owned by one Mrs.Masan, W/o. Late Aung Myint, resident of Rangat, North and Middle Andaman District. Mrs.Masan wanted to gift the said elephant Malachi to Madurai Meenakshi Amman temple and for that purpose, Mrs.Masan gifted the elephant to the third respondent. She did not handover the elephant to the temple, instead is using it for begging and for marriage functions, among others. The Elephant is being treated cruelly. The petitioner states that complaints have been filed, regarding ill-treatment of the elephant, but no action has been taken by respondents 1 and 2. It is further stated in the petition that a Mahout, while riding Malachi had touched an overhead electrical wire, had been thrown off and consequently died. Even Malachi had also suffered, due to electrocution.

(3.) It is alleged in the petition that elephant is not being handled properly. She was not fed properly and made to walk on hot tar roads. Both her front and back legs are tied using heavy chain. It is further alleged that there is violation of Section 11 (e), 11 (f), 11 (h) of Prevention to Cruelty to Animals Act, 1960 and Rules 5, 6 (11), 7, 12, 13 (5), 13 (6) and 1 (8) of the Tamil Nadu Captive Elephants Management and Maintenance Rules, 2011 and also under Section 42 of Wildlife Protection Act, 1972.