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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, GOPINATH P., JJ.
The Cochin Devaswom Board – Appellant
Versus
In Re Captive Elephants (Suo Motu) – Respondent
I.A.Nos.41 & 42 of 2024 in W.P.(C)No.31520 of 2024
Decided on : 28-11-2024
(A) Constitution of India - Articles 25 and 26 - Essential Religious Practice - Application by Cochin Devaswom Board for exemption from complying with directions regarding parading of elephants denied, as the practice does not constitute an essential religious practice under the Constitution. (Paras 6 and 7)
(B) Safety Regulations - Requirement to maintain a three-metre distance between paraded elephants upheld for safety reasons, following expert opinion on the risks involved. (Paras 7 and 8)
(C) Compliance - Affidavit by Secretary of Cochin Devaswom Board confirming compliance with directions issued by the Court. (Para 5)
Facts of the case:
The Cochin Devaswom Board sought exemption from directions regarding the parading of elephants for the Sree Poornathrayeesha Temple festival, claiming compliance difficulties due to recent permissions.
Findings of Court:
The court affirmed that parading elephants does not qualify as an essential religious practice and upheld safety regulations concerning distance during parades.
Issues: Whether the parading of elephants is an essential religious practice and the validity of the three-metre distance requirement.
Ratio Decidendi: The court ruled that the practice of parading elephants is not essential to religion; thus, it can be regulated. The safety requirement of maintaining distance is necessary.
Result: I.A. No. 41/2024 dismissed; I.A. No. 42/2024 allowed.
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 stated that all arrangements for the smooth conduct of the festival have been made by the Devaswom Officer, Thripunithura Devaswom. It is submitted that the applications which are on record as Exts.R30(b) to R30(e) were submitted by the Devaswom Officer before the statutory authorities concerned for permission to parade 15 captive elephants. It is stated that in a meeting of the District Level Monitoring Committee convened at the office of the District Collector, Ernakulam on 25.11.2024, the Devaswom Officer was informed that all the directions issued by this Court on 13.11.2024 have to be complied with by the Devaswom for conducting the festival. It is stated that the additional 30th respondent was impleaded only on 13.11.2024. It is stated that since Ext.R30(f) permission of the Chief Veterinary Officer was issued only on 21.11.2024, the Devaswom Board is not in a position to comply with all the directions contained in the order dated 13.11.2024. It is stated that the ‘pathivu’ register [Ext.R30(h)] maintained by the Devaswom from 1957 onwards would show that 15 elephants have always been paraded in the festival. It is in the above circumstances that the prayer for exempting the Board from complying with the directions issued by this Court in the order dated 13.11.2024 has been sought.
3. When this application came up for consideration another Interlocutory Applications namely, I.A.No.40/2024 filed by a person claiming to be a worshipper at the Sree Poornathrayeesha Temple, Thripunithura and claiming to be the owner of an elephant- ‘Kuravattoor Ganesh’ was also listed for consideration. That I.A. is an application for impleading. However, we have not allowed the application for impleading and have directed that the deponent of the affidavit shall place on record the document showing that he is the owner of the elephant by name ‘Kuravattoor Ganesh’.
4. Sri. K.P. Sudheer, the learned standing counsel appearing for the applicant in I.A.Nos.41/2024 and 42/2024 would submit that the annual festival at the Sree Poornathrayeesha Temple, Thripunithura has almost always been held by parading a minimum number of 15 elephants. He referred to the extract from the ‘pathivu’ Register to show that this was the practice at least from 1952 onwards. It is submitted that the traditions and rituals of Sree Poornathrayeesha Temple are still under the control of the Ruler of Cochin (now represented by the Palace Administration Board) and it is not open to the Devaswom Board to tinker with the rituals without the permission and directions of the Palace Administration Board. It is stated that if such distance is maintained, it will not be possible to parade 15 elephants inside the temple. It is stated that the orders issued by this Court, to the extent they tend to interfere wit
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....
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