The court reiterated the duty of custodians to adhere to animal welfare statutes, enforcing compliance with specific regulations regarding captive animals.

JUDGMENT

S. MANIKUMAR,CJ.

Instant Public Interest Litigation is filed with the following reliefs:

1. To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos. 1 to 9 to take effective and adequate steps so as to appropriate cut/prune the tusks of Jayarajan elephant to enable it to drink water and take food freely under Rule 5 of Ext.P2 Rules within such time as this Hon'ble Court may deem fit and proper interest of justice.

2. To Issue a writ of mandamus or any other appropriate writ or order directing respondent Nos. 4 and 6 to provide all facilities care and attention to all captive elephants under its custody/ownership in accordance with the provisions contained in Ext.P2 Rules and to modify the Travancore Devaswom Manual in tune with the provisions contained in Ext. P2 Rules within such time as this Hon'ble Court may deem fit and proper in the interest of justice.

3. To issue a declaration that respondent Nos. 4 to 9 are bound in law to act in accordance with Rule 5 of Ext.P2 Rules so as to see that the tusks of a captive that had grown disproportionately are appropriately cut or pruned for enabling it to drink water and take food without any hindrance/pain and any inaction on the part of the concerned authorities in this regard would amount to cruelty to the animal and accordingly the same would be a Constitutional crime rendering the same liable to be interfered with by this Hon'ble Court.

4. To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos. 5 and 6 to take up Ext.P4 request and to take appropriate action on the same within such time as this Hon'ble Court may deem fit and proper in the interest of justice.

2. Short facts leading to the writ petition are as follows:

According to the petitioner, ‘Jayarajan’ is an elephant of Sree Vallabha Maha temple, Thiruvalla dedicated to the temple by one of the devotees, namely, Sri. Pradeep Achary, in the year 2002 and the same was accepted by respondent No. 4 Board. Despite a series of directions issued by this Court in various rulings including Ext. P1, there was a lack of adequate care and attention in the matter of proper upkeep of the elephant. According to the petitioner, of late, the tusks of the elephant had grown disproportionately in front of the trunk and the elephant has been finding it extremely difficult to drink water and to take food. According to him, the tusks in front of the trunk has to be appropriately cut and pruned, which may happen at any time within two or three weeks, and that experts would say that cutting or pruning of tusks during musth would be extremely difficult and there would be every chance of tusk breaking due to the violent behaviour of the animal during musth.

3. On 27th September, 2018, a Division Bench of this Court has passed the following order:

“1.In pursuance of the last order dated 19.9.2018, Sri.Nagaraj Narayanan as the Government Pleader has produced the report of the Forest Veterinary Officer, who examined the elephant Jayarajan at the Sree Vallabha Maha Temple Thiruvalla. The relevant portion of the report is extracted below.

“..............................................................................................

Physical Examination No visible Abnormalities of any body Parts (Eyes, Temporal Glands, Limbs, Trunk, Tusk, Nails). No external wounds. Urination & Defecation Posture and Gaits are normal. Taking feed and water normally.

Psychological Test Mahout Elephant Relationship- hardly manageable by present 2nd mahout. 1st mahout was not there at the time of examination and reported that previous day elephant chased him away.

Temperament- Obedient at the time of examination, obeying commands of 2nd mahout from a distance.

ELEPHANT DOES NOT HAVE SYMPTOMS OF ANY STAGE OF MUSTH but mahouts are saying that it is in the beginning stage of musth and not confident in controlling elephant while cutting tusk.

Tusk trimming is not very urgent to this