ARULMIGU MARIAMMAN TEMPLE Vs. CHIEF WILDLIFE WARDEN

JUDGEMENT

(1.) An interesting issue arises in this case. The petitioner is the Arulmigu Mariamman Temple, Samayapuram (in short 'Temple') and challenges an order passed by the second respondent / District Forest Officer dtd. 27/10/2014, calling upon the Temple authorities to hand over the Tusks that they hold in their possession of an elephant by name Mariappan, who was rendering duties as Temple elephant therein.

(2.) Mariappan had been purchased by the Temple authorities under G.O.Ms.No.246 dtd. 26/7/1995 for a sum of Rs.1,45,000.00. Certificate of ownership in Form No.13 had been issued by the Office of the Chief Conservator of Forests and Chief Wildlife Warden, certifying that the Executive Office of the Temple has, under his control / custody and / or possession, the elephant. The ownership of Mariappan by the Temple is not in dispute.

(3.) The elephant was in continuous possession of the temple till 2011. I am told that the practice followed in such matters is that when the elephant attains old age necessitating special care and maintenance, the Temple hands over the elephant to the Forest Department, which is better positioned to give such specialised attention. So too in this case, vide G.O.Ms.No.35 dtd. 15/2/2008, Mariappan was handed back to the forest department and placed along with other similarly placed elephants in an elephant camp.