The bone of contention between the petitioner and the respondents is an elephant (Tusker). The facts leading to the filing of this writ petition can be summarized as follows:

It is not in dispute that the tusker in question which is called Girija Prasad @ Manikantan was of the ownership of respondent No.8. The Certificate of ownership was issued in his favour by the conservator of Forest at Kerala. It appears respondent No.8 made a gift of the elephant in favour of respondent No.7 i.e., Jalahalli Sree Ayyappan Temple Trust. The Transfer of the elephant is pursuant to a gift deed stated to have been executed by respondent No.8 in favour of respondent No.7. It appears there were several complaints as against the temple inasmuch as the temple is housed in a residential locality and the elephant was being treated inhumanly. The Chief Wildlife Warden i.e., 3rd respondent seized the elephant from the temple precincts on grounds of public safety and to prevent any further distress and ill-treatment to the animal. The elephant in question was transferred to the Bannerghatta Forest. The transfer of the elephant to the forest area was questioned by the 7th respondent in W.P.No.492