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HIGH COURT OF KERALA
SHAJI P.CHALY, J
AANA UTHSAVA SAMRAKSHANA SAHAYA SANGHAM – Appellant
Versus
THE DIVISIONAL FOREST OFFICER – Respondent
WRIT PETITION (CIVIL) 34537/2016
Elephants - Protection - Unknown Act Section List - This case deals with the illegal trade of captive elephants in Kerala, directing authorities to consider representations and act in accordance with the law, ensuring their protection and welfare.
Fact of the Case:
The petitioner, a registered society for the care of captive elephants, reported illegal elephant trade in Kerala and sought action against it through representations to local authorities.
Finding of the Court:
The court emphasized on the need for statutory authorities to consider the pending representations regarding illegal elephant trade and required them to provide a hearing opportunity.
Issues: Whether the statutory authorities will act on the representations regarding illegal elephant trade and ensure the protection of captive elephants.
Ratio Decidendi: The court upheld that it is the responsibility of statutory authorities to address the concerns raised in the representations submitted by the petitioner regarding the welfare of captive elephants.
Final Decision: The writ petition was disposed of with directions for statutory authorities to decide on the representations.
JUDGMENT
According to the petitioner, petitioner is a registered society having registration No. TSR/TC/49/2014, functioning for the care and protection of captive elephants, which are being used all over in Kerala for different festivals. The petitioner keeps track of the safety and well being of all captive elephants, which are used for festivals in Kerala. Illegal and unauthorized transfers have been carried out in the State of Kerala by certain kingpins, who have been conducting elephant trade as a celebrated business. Petitioners have preferred Exts. P2, P3 and P4 representations before the second, third and fourth respondents respectively, in respect of the illegal transaction that takes place within the State.
2. The additional sixth respondent who got impleaded submits that he has no intention to purchase any elephant as alleged in the writ petition. Anyhow Exts. P2 to P4 representations are pending before the respective statutory authorities. Since the additional sixth respondent has submitted that he has no intention to purchase any elephant, it is for statutory authority to take action on the representations submitted by the petitioner.
3. Therefore, there will be a direction to the concerned respondents to take on board the said representations and take a decision, in accordance with law, after providing notice of hearing to the petitioner, as well as the additional sixth respondent. The authority will be at liberty to take note of any judgments rendered by this Court as well as the Apex Court in that regard.
Writ petition is disposed of accordingly.
SHAJI P. CHALY JUDGE DCS
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