Point of Law: Provisions of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, while parading elephants in connection with festivals, functions, etc. shall be dealt with appropriately, as provided under Section 51 of the Wildlife (Protection) Act.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking an order to constitute a high level committee to enquire into the death of an elephant by name ‘Ambalapuzha Vijayakrishnan’ owned by the 1st respondent Travancore Devaswom Board, which died on 08.04.2021. The petitioner has also sought for a writ of mandamus commanding the 1st respondent Board to initiate strict action against respondents 7 to 11 for the unnatural death of the said elephant; and a writ of mandamus commanding the 1st respondent Board to appoint qualified Veterinary Surgeons.

2. On 29.06.2021, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 and 5. The learned Government Pleader took notice for respondents 2 to 4 and 6. Notice to respondents 7 to 11 was dispensed with. Thereafter, by the order dated 14.09.2021, this Court issued notice by speed post to respondents 7 to 11.

3. On 30.11.2021, the 3rd respondent Principle Chief Conservator of Forests (Wildlife) and the Chief Wildlife Warden, Kerala has filed a counter affidavit, wherein it is stated that, in connection with the unnatural death of the elephant ‘Ambalapuzha Vijayakrishnan’ (Microchip No. 00065DE38C), aged 52 years, a three member special team was constituted vide Ext.R3(b) proceedings dated 09.04.2021, which submitted Ext.R3(c) report dated 02.07.2021. The findings of the special team in Ext.R3(c) report are as follows:

“(1) The first mahout Sri. B. Pradeep of TDB melted cruelty to “Vijayakrishnan” by torturing, and not providing adequate medical treatment for “Vijayakrishnan” which resulted in his death. Action to be initiated against the said mahout under the Wildlife (Protection) Act, 1972 and Kerala Captive Elephants (Management and Maintenance) Rules, 2012.

(2) TDB officials namely, Sri. Baiju, Deputy Devaswom Commissioner, Harippad, Sri. K. Jayakumar, Asst. Devasom Commissioner, Sri. K. Manoj Kumar, Administrative Officer, Ambalappuzha Temple, Sri. Ajeesh, Second Mahout and Dr. Dr. Saseendradev Veterinarian engaged by TDB on contract basis erred in providing adequate protection and care for the elephant and hence departmental action has be initiated against them by the TDB authorities.

(3) The Assistant Conservator of Forests, Social Forestry, Alappuzha to include in his investigation the allegations that the first mahout used to bring his friends for showing how to tame the elephant “Vijayakrishnan” by beating him and also the problems between the first mahout and the former mahout Sri. Gopan.

(4) Dr. Saseendradev has reported to the Devaswom Commissioner on 11.03.2018 that some of the mahouts of TDB are drunkards and are showing dereliction in care and maintenance of the elephants owned by TDB. TDB to conduct enquiry and take suitable action.

(5) The elephants of TDB are continuously paraded for the festivals in the temples of TDB without rest and this has resulted in deterioration of the health of the elephants leading to death. Hence TDB to restrict the parading of the elephants to important festivals alone.

(6) The Veterinary officers of the Forest Department may be entrusted to cross verify the fitness certificate for elephants as instances of issuing fitness certificates without examining the elephants were noticed.

(7) Officers of the Social Forestry wing to inspect the registers of the elephants to ensure that the registers are properly updated.

(8) Many of the mahouts of TDB are not having proper training or skill to maintain and care elephants and hence they may be given training by the Social Forestry wing.”

4. In Wildlife Crime (O.R. No. 1 of 2021) registered on 17.01.2022 by the office of the Social Forestry Range Office, Alappuzha, in relation to the unnatural death of the elephant ‘Ambalapuzha Vijayakrishnan’ respondents 7 to 10 herein are arrayed as the accused. In the additional af