Ashok Bhushan, J.

1. This writ petition is filed as a Public Interest Litigation seeking a direction commanding the 2nd and 3rd respondents to take immediate action against the 1st respondent and its officials for violating the provisions of the Performing Animals (Registration) Rules, 2001 in the event of conducting a Gajamela.

2. Counter affidavit has been filed by 1st and 2nd respondents to the writ petition. Brief facts of the case emerge from the pleadings of the parties are:

The petitioner, claiming concern for the protection of elephants and their well-being, has filed this Public Interest Litigation for implementation of the Performing Animals (Registration) Rules, 2001 (hereinafter referred to as 2001 Rules') which has been framed under Section 38(1) and (2) of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as 1960 Act').

3. Petitioner's case in the writ petition is that large number of captive animals are found in Kerala and the possessors of these captive animals do not get them registered under the 2001 Rules. Petitioner's case is that these captive animals are paraded in various temple festivals and now the 1st respondent, i.e. State of Kerala, has proposed to conduct "Gajamela" which was to be held from July 23rd to July 27th, 2010. Ext. P2 news report came to be published in a daily newspaper by the officials of the State Government stating that some 15 elephants known for their classic features will be participating in the two hour Gajamela to be conducted on 25th July, 2010.

4. Petitioner's case is that under Section 22 of the 1960 Act there is prohibition from exhibiting or training the performing animals unless the animals are registered in accordance with the provisions of 1960 Act. The State, knowing that the animals which are proposed to be exhibited are not registered under the 2001 Rules, is proceeding to violate the Rules itself. Petitioner's case is that the petitioner had already written to the Animal Welfare Board of India requesting to issue necessary directions for registration of the captive animals under the 2001 Rules. Secretary, Animal Welfare Board of India has also written a detailed letter, dated 26th February 2010 to the Chief Secretary of Government of Kerala informing that all the elephants which are going to participate in the elephant race in Guruvayoor have not been registered under the 2001 Rules, hence appropriate action be taken by the State to get them registered under the 2001 Rules. The letter further stated that it should be ensured that elephants are with valid ownership certificates and health certificates. Petitioner in the writ petition has also narrated certain incidents when two elephants got wild and created terror in the town of Thrissur on 17.07.2010. In the writ petition the petitioner has prayed for the following reliefs:

"(i) To issue a writ, direction or mandamus commanding the 2nd and 3rd respondents to take immediate action against all the 1st respondent and its officials for violating the provisions of the Performing Animals (Registration) Rules, 2001 in accordance with law in the event of conducting Gajamela, the exhibiting of un-registered elephants, in accordance with law.

(ii) To issue, a writ, direction or order in the nature of mandamus commanding the respondents 2 and 3 to take all measures against the parading or exhibiting of elephants in violation of Performing Animals (registration) Rules, 2001 and the Prevention of Cruelty to Animals Act, 1960 in accordance with law.

(iii) Such other relief's which this Hon'ble Court deems fit and necessary in the circumstances of the case and the costs of this case so as to prevent cruelty to the elephants and for the effective implementation of the provisions of Prevention of Cruelty to Animals Act, 1960."

5. In the counter affidavit filed by the 2nd respondent, it is pleaded that the 2nd respondent is taking all steps for protection and well-being of elephants by implementing the relevant