The central legal point established in the judgment is the prevention of cruelty to animals and the enforcement of animal welfare laws.

Subramonium Prasad, J.

(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to remove the Elephant -Malachi from the custody of the third respondent and hand it over to the first respondent.)

1. Claiming himself to be an avid animal lover, who has dedicated his life for the cause of animals, petitioner has filed the instant writ petition, for a mandamus, directing the Principal Chief Conservator of Forests & Chief Wildlife Warden, Chennai, first respondent, to take possession of Elephant - Malachi, from Mrs. Indira, third respondent and to maintain it in any rejuvenation camp.

2. Petitioner states that a female elephant, aged about 34 years, was owned by one Mrs. Masan, W/o. Late Aung Myint, resident of Rangat, North & Middle Andaman District. Mrs. Masan wanted to gift the said elephant Malachi to Madurai Meenakshi Amman temple and for that purpose, Mrs. Masan gifted the elephant to the third respondent. She did not handover the elephant to the temple, instead is using it for begging and for marriage functions, among others. The Elephant is being treated cruelly. The petitioner states that complaints have been filed, regarding ill-treatment of the elephant, but no action has been taken by respondents 1 and 2. It is further stated in the petition that a Mahout, while riding Malachi had touched an overhead electrical wire, had been thrown off and consequently died. Even Malachi had also suffered, due to electrocution.

3. It is alleged in the petition that elephant is not being handled properly. She was not fed properly and made to walk on hot tar roads. Both her front and back legs are tied using heavy chain. It is further alleged that there is violation of Section 11 (e), 11 (f), 11 (h) of Prevention to Cruelty to Animals Act, 1960 and Rules 5, 6 (11), 7, 12, 13 (5), 13 (6) and 1 (8) of the Tamil Nadu Captive Elephants Management & Maintenance Rules, 2011 and also under Section 42 of Wildlife Protection Act, 1972.

4. In these circumstances, petitioner has filed the instant writ petition, praying for the relief as stated supra.

5. The Principal Chief Conservator of Forests and Chief Wildlife Warden, Chennai, first respondent, has filed a counter affidavit, wherein it has been stated that owner of the elephant had been fined for ill-treatment. In one such incident, in August 2017, owner of the elephant was fined, for a sum of Rs.10,000/-, vide WLOR No.52/217. Incident of electrocution, has been accepted by the third respondent, but contended that it was accidental. Elephant which received the shock, responded well.

6. Counter affidavit of the first respondent further states that the question of transfer of ownership is under consideration by the department. It is stated that the Elephant was transported from Andhaman Nicobar Islands to Madurai, by the third respondent, who got the elephant, by way of gift deed, from its original owner, during November 2007. The Chief Wildlife Warden, Andhaman, had issued ownership certificate No.372, dated 10/10/2007, to Smt. Masan. Transit permit was issued by the Chief Wildlife Warden, Andhaman, vide its Ref.No.CWLW/Wl/10/1031, dated 10/10/2007, with certain conditions, as under:-

(i). The ownership of elephant will not be transferred.

(ii). There shall be no commercial transaction.

(iii). The person receiving the elephant as gift shall inform Chief Wildlife Warden, Tamil Nadu within 30 days of transfer of elephant from Port Blair to Madurai.

(iv). The person receiving the elephant as gift shall be responsible for the upkeep of the elephant.

7. It is also stated that the third respondent had submitted a representation, as early as in 2007, for change of ownership, which was rejected by the Principal Chief Conservator of Forests and Chief Wildlife Warden, in his Ref.No.WL1/68531/2007, dated 24/3/201