Ramachandra Menon J.

1. Whether the dictum laid down by the learned Single Judge of this Court in Nakeri Vasudevan Namboodiri and others versus Union of India,reported in 2007 (4) KHC 140requires reconsideration, with reference to the mandate of the Wildlife (Protection) Act, 1972, [as amended in the year 2003 by Act 16 of 2003] [hereinafter referred to as the Act] governing the transfer of captive animals, particularly captive elephants in the State of Kerala, is the basic question to be considered in these writ petitions filed as Public Interest Litigations by the very same petitioner.

2. In W.P.(C) 34618 of 2007, the petitioner seeks to direct the respondents to take all steps to see that no elephant is transferred to the State of Kerala, in contravention of Section 43 of the Wildlife (Protection) Act, 1972 and also to direct the second respondent to take appropriate action on Ext.P4 representation ventilating the grievances. In the other writ petition, the petitioner seeks to issue a writ of mandamus directing the respondents to take appropriate action as per Sections 50, 51, 53 etc. of the Wildlife Protection Act, 1972 against the possessors of captive elephants p