Back
A. K. JAYASANKARAN NAMBIAR, GOPINATH P.
Cochin Devaswom Board – Appellant
Versus
Re Captive Elephants (Suo Motu) – Respondent
ORDER :
Gopinath, J.
I.A No 41 of 2024 is an application filed by the Cochin Devaswom Board, the additional 30th respondent in the Writ Petition praying that the additional 30th respondent be exempted from complying with the directions contained in paragraph 14 of the order dated 13.11.2024 in the above Writ Petition regarding the parading and exhibition of captive elephants. I.A.No.42/2024 is an application filed by the Cochin Devaswom Board seeking the acceptance of the documents produced along with the affidavit in support of the I.A. The application for accepting documents is only to be allowed. However, for reasons indicated below, we are not inclined to grant the relief of exempting the Cochin Devaswom Board from complying with the directions issued by this Court in the order dated 13.11.2024 referred to above.
2. The applicant in I.A 41/2024 states that the annual festival 
of the Sree Poornathrayeesha Temple, Thripunithura which is a temple under the ownership and management of the Cochin Devaswom Board is scheduled to be held from 29.11.2024 to 6.12.2024. It is stated that the festival is being conducted directly by the Cochin Devaswom Board through its officials. It is state
Parading elephants does not constitute an essential religious practice under Articles 25 and 26 of the Constitution, and safety regulations regarding distance must be adhered to.
The District Monitoring Committee must provide reasoned decisions when granting permits for parading elephants, ensuring compliance with statutory provisions.
The Assistant Devaswom Commissioner’s directive regulating elephant parades during temple festivals is procedural and does not constitute grounds for judicial interference, reaffirming the statutory ....
The court mandates strict implementation of the Kerala Captive Elephants Rules to prevent cruelty and ensure welfare, emphasizing the judicial role in filling regulatory gaps.
Point of Law : Section 31A of Act deals with formation of Temple Advisory Committees.
Point of Law : There is a constitutional obligation to preserve the religious practices of all religions and there is also a corresponding duty to act in that direction.
The court mandated the timely consideration of a petitioner's application regarding a customary event, emphasizing the need for administrative responsiveness.
The court affirmed the need for timely processing of applications under statutory regulations for traditional practices.
The court held that administrative permission granted for religious processions involving captive elephants, once deemed appropriate, should not be revoked on technical, clerical omissions (such as a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
