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2004 Supreme(Ker) 540

S.SANKARASUBBAN, A.K.BASHEER
Satheesh Kumar – Appellant
Versus
Travancore Devaswom Board – Respondent


Judgment :-

Sankarasubban, J.

Both these Writ Petitions have been filed to bring to the notice of this Court that an elephant by name Manikantan, which was offered to Sree Vallablia Temple, Thiruvalla was dead. According to the petitioners, the elephant died because no proper care was taken and that the elephant was not properly treated for the disease. Since the petitioners proved a prima facie case, we appointed Sri. D. Sreevallabhan, Additional District Judge, Pathanamthitta to enquire into the matter and file a report to this Court. Accordingly, he enquired into the matter and filed an enquiry report in two volumes. The first volume contains the report and the second volume contains depositions and documents.

2. In the report at page 39, it is stated as follows: “Hence, it is clear that there was laches on the part of EW 7 Sub Group Officer, EW 9 Assistant Devaswom Commissioner and EW 7 mahout in getting medical aid for the elephant at the proper time”. At page 47, it is stated as follows: “Hence negligence can be attributed on the part of EW 14 in causing the death of the elephant without giving effective treatment for the elephant.” In the same page at paragraph 22, it is furth











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