Ashok Bhushan, J.

These four Writ Appeals and one Writ Petition raise an important issue pertaining to transfer/sale/transaction/transportation of elephants in the State of Kerala. The issue assumes more importance in view of the fact that the State of Kerala is known for its rich wealth of elephants and large number of traditions and rituals being associated with elephants in different ceremonies being performed in temples and other places. W.A. No. 1650 of 2014 is being treated as the leading case, facts of which case are being noted in detail.

W.A. No. 1650 of 2014

2. This Writ Appeal has been filed against the judgment dated 28.8.2014 in W.P(C). No. 17848 of 2014, by which judgment the Writ Petition filed by the Secretary, Paramekkavu Devaswom, has been disposed of holding that no permission is required from the Chief Forest Conservator to obtain an elephant from outside the State. The petitioner pleaded in the Writ Petition that a devotee Mrs. Vinitha Watson, native of Thrissur and settled in U.S.A, an ardent devotee of the Lord Bhagavathy of Paramekkavu, wants to offer an elephant to the Devaswom, for which she deposited 90,000/- US$ in the account of the Devaswom. The petitioner made an application to the Principal Chief Conservator of Forests seeking permission for purchasing an elephant from Kerala itself. Copy of the said application dated 25.10.2012 has been produced as Exhibit P1. By Exhibit P2 letter dated 5.11.2012, the petitioner was asked by the Principal Chief Conservator of Forests (Wildlife) and Chief Wildlife Warden to submit an application in the prescribed form. The petitioner again submitted Exhibit P3 representation dated 20.1.2014 making a request to grant permission to procure male elephant from outside the State of Kerala. The request of the petitioner was rejected by Exhibit P4 order dated 31.1.2014 stating that "sale involving commercial nature for elephant is prohibited as per Section 43(1) of Wildlife (P) Act, 1972". The petitioner challenged the order dated 31.1.2014 in W.P(C).17848 of 2014 relying on the decision reported in Venkitachalam, V.R. Vs. State of Kerala and Others, praying for the following reliefs:

"i. issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to give prior permission to the petitioner to procure and transport to the petitioner Devaswom an elephant (tusker) from the state of Assam or Bihar."

The learned Single Judge by judgment dated 28.8.2014 disposed of the Writ Petition, against which judgment the Writ Appeal has been filed.

W.A. No. 1961 of 2014

3. This Writ Appeal has been filed against the judgment dated 23.10.2014 passed in W.P(C). No. 27680 of 2014, by which judgment the learned Single Judge, relying on the judgment dated 28.8.2014 in W.P(C). No. 17848 of 2014, disposed of the Writ Petition. The Writ Petition was filed by the Parkkadi Kshetra Kshema Samithi. The petitioner claimed to be running activities of the Anjur Sree Parakkadi Bhagavathi Kshethram. It was stated in the Writ Petition that the petitioner is in need of an elephant for performing poojas and rituals in connection with the temple. The petitioner claimed to have approached the Principal Chief Conservator of Forests seeking permission to purchase an elephant from other State like Assam and Arunachal Pradesh. Copy of the said representation dated 25.1.2014 has been produced as Exhibit P1, by which necessary permission was sought for. By Exhibit P2 communication dated 4.2.2014 the petitioner was informed by the Additional Principal Chief Forest Conservator as follows:

"I am to inform that your application for availing an elephant is not permissible as per Section 43(1) of the Wild Life (Protection) Act, 1972".

The petitioner in the Writ Petition has prayed for a mandamus directing the respondents to give prior permission to the petitioner to procure and transport to the petitioner Devaswom an elephant from the State of Assam or Arunachal Pradesh. Ano