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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Suo Motu – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Anil K. Narendran, J.
The Special Commissioner, Sabarimala has filed this report regarding the disposal of plastic waste accumulated near the incinerators at Sabarimala Sannidhanam, which was causing a threat to wild animals. A report dated 29.01.2025 of the Range Forest Officer, Pamba Range, Periyar Tiger Reserve, is enclosed along with the report of the Special Commissioner.
2. On 30.01.2025, when this report came up for consideration, the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. By the order dated 30.01.2025, the 6th respondent Deputy Director, Periyar Tiger Reserve (West Division) was directed to file a report before this Court by 31.01.2025 on the issues pointed out by the Special Commissioner, Sabarimala. The learned Standing Counsel for Travancore Devaswom Board was directed to make available for the perusal of this Court the kuthaka certificate and agreement in respect of the kuthaka item - disposal of plastic waste, bottles, jaggery bags, etc. at Sabarimala Sannidhanam.
3. On 31.01.2025, when this SSCR came up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal
Unscientific waste disposal at Sabarimala violates the Wild Life (Protection) Act, posing serious threats to wildlife, necessitating immediate corrective actions.
The court ruled that provisions of the Kerala Forest Act restricting capture of wild elephants violate the fundamental rights of landowners, being expropriatory without compensation and lacking reaso....
The establishment of a Tiger Safari in buffer zones is permissible under the Wild Life (Protection) Act, provided it adheres to ecological and statutory guidelines, emphasizing the public trust doctr....
Travancore Devaswom Board is duty bound to see that regular traditional rites and ceremonies according to practice prevalent in Sabarimala are performed promptly and to make proper arrangements for c....
Strict compliance with court directives regarding environmental management leads to the closure of proceedings.
The court upheld the proposal to relocate Bhasmakulam at Sabarimala, affirming compliance with the Master Plan, while the relocation of the Ganapathy idol was not pursued.
The Tribunal emphasizes the necessity of balancing industrial activities with wildlife conservation in eco-sensitive areas and insists on regulatory compliance from industries near protected zones.
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.
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