K. Harilal, J.

Preface

'Neelakantan', an elephant by name, was shot dead by the Sub Inspector of Police, while he was in discharge of his official duty. According to him, the elephant was shot dead, to save life of several human beings; but, the owner of the elephant contended that the shooting, that culminated in death of the elephant, was unwarranted and unjustifiable. The legality and liability that arise out of the said fire shot and the order of preference to be borne in mind of a public servant, in a dangerous situation, where the right to life of the human beings is under the threat caused by a dangerous animal, have come up before us for determination in these appeals.

The sequence of events

2. 'Neelakantan' was a captive elephant owned and possessed by 'Thali Devaswom' and the plaintiffs are the trustees of the said Devaswom. According to the plaintiffs, 'Neelakantan' was a harmless elephant, loved and reared by the Hindus of that locality. On 06.01.1992, he was hired by a Mosque Committee for 'Nercha' festival. As a part of the festival, he was taken to each house in the locality for receiving offerings from the householders. While he was taking to the house of a la