The court upheld that the state's existing measures for mitigating human-wildlife conflicts were sufficient but necessitated strict enforcement to ensure public safety.

JUDGMENT

Dated this the 19th day of September 2022 Shaji P. Chaly, J.

Petitioner, claiming to be a public interest litigant is the Parliamentary party leader of the opposition parties of Thrissur District Panchayat elected from the Puthur Division of the District Panchayat, and is also an Advocate practicing in Thrissur District. The reliefs sought for by the petitioner in the writ petition are as follows:

i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to take effective measures to control the Human Elephant Conflicts within the territorial jurisdiction of respondents 3 to 6 within a time frame to be fixed by this Hon’ble Court.

ii. Direct the respondents to frame appropriate guidelines/criteria for the protection of Human life in the areas sharing boundaries with forest in the Thrissur District.

2. According to the petitioner, due to the constant attacks of wild elephants, agricultural crops are destroyed and their livelihood is lost and life becomes unbearable. In addition to the same, it is contended that the people in the said area are in a state of panic after elephants raided the habitable residential areas in Varandarappilly Panchayat and in fact, killed two plantation workers in recent days. It is also pointed out that in the last few years, six people have been killed in wild elephant attacks in the area, and agricultural produce and properties worth millions were lost. Therefore, according to the petitioner, if the State Government is not taking appropriate action in order to prevent the wild animals encroaching into the residential and agricultural areas, the residents of the locality would be put to serious prejudice, untold miseries and irreparable injuries. In that view of the matter, making Elephant Proof Trenches (EPT) and electric fencing are the only ways to protect this. It is also submitted that in spite of the earnest efforts made by the petitioner and the others, the respondents have not taken any action so as to ventilate the grievances of the petitioner. Petitioner has also produced various news reports with respect to the elephant attack and the consequences occurred thereto. Therefore, petitioner seeks direction to the State Government to make Elephant Proof Trenches and electric fencing through the entire stretch in order to protect the life and interest of the people residing in the area in question.

3. The Divisional Forest Officer, Chalakudy - the 4th respondent has filed a very detailed counter affidavit refuting the allegations raised by the petitioner. It is also submitted that the averments made in the writ petition are exaggerated. However, it is stated that there have been incidents of human - elephant conflicts in Chalakudy, Thrissur, Vazhachal and Malayattoor Forest Divisions and Peechi Wildlife Division. But it is stated that taking into account the said aspects and the destruction of the agricultural produce of the residents of the area in question, action is initiated which is described in detail in the counter affidavit. Paragraph 13 is relevant to the context, it reads thus:

“13. In this regard, the Kerala Forest and Wildlife Department has already taken several steps to implement Guidelines F.No.1/2016-PE dated 06.10.2017 of the Project Elephant Division (hereinafter "PED") of Ministry of Environment, Forest & Climate Change Government of Kerala (hereinafter "MoEF"). The details of the action taken by the Department are as follows.

(i) The department has constructed 2560 kms of solar power fence, 511.22 kms of trench, 70 kms of elephant proof wall, 44 kms of crash guard rope fencing, 10 kms of rail fencing, 55 kms of hanging solar fence, 5.70 kms of bio fence, 15.12 kms of Kayyala etc. to prevent wild animals especially wild elephant from entering human settlements and farm lands.

(ii). For improving the habitats of wild animals, various activities like soil and moisture conservation activities, construction and maintenance of check d