JUDGMENT

The petitioner is in possession and custody of 2 items of animal trophy and animal article namely a pair of tusks of an Indian Elephant and a cured hide of a cheetah with fur, by way of inheritance. Pursuant to the amendment effected in the statutory provisions as per the Wild Life (Protection) Amendment Act, 2002, and the promulgation of the Declaration of Wildlife Stock Rules, 2003, certificates of ownership issued by the Chief Wildlife Warden (the designated authority), were required to be obtained, to continue to keep in possession and custody of the animal trophies/articles. Ext.P1 is the notification issued by the 2nd respondent. Based on Ext.P1, the petitioner submitted Exts.P2 and P3 applications before the 2nd respondent. Ext.P3 application was for getting ownership of the cured hide of a cheetah. Ext.P4 is the communication from the 2nd respondent to the Divisional Forest Officer, Malayattoor, the 3rd respondent, directing to verify and report whether the petitioner is having adequate facility for housing, maintenance and upkeep of the animal as provided in Section 42 of the Wildlife Protection Act, 1972 along with Rule 4 of the Kerala Captive Elephant (Management and Maintenance) Rules, 2003. Ext.P5 is another intimation from the 2nd respondent to the 3rd respondent. In response to the same, Ext.P6 communication was issued by the 3rd respondent to the 2nd respondent. Inventory of stocks in Form No.15 was also prepared after enquiry, and a copy of which was also appended in Ext.P6. Ext.P7 is an application submitted by the petitioner under the Right to Information Act and Ext.P9 is the information received. Meanwhile the petitioner approached this Court and while the same was pending, Ext.P10 certificate was issued to the petitioner as far as the elephant tusks are concerned. Therefore, this Court, as per Ext.P11 judgment, directed the 2nd respondent to consider and pass appropriate orders in Ext.P3 application submitted by the petitioner in respect of 'cheetah hide' possessed by the petitioner. Thereafter, a notice was issued by the 2nd respondent to the petitioner, as evident by Ext.P12. The petitioner submitted Ext.P13 reply. Thereafter, again a notice was issued by the 2nd respondent to the petitioner, as evident by Ext.P14, to which also the petitioner submitted Ext.P15 reply. Thereafter Ext.P16 order is passed by the 2nd respondent rejecting the application of the petitioner and directing to confiscate the cheetah hide.

Aggrieved by Ext.P16 order, this writ petition is filed.

2. Heard the counsel for the petitioner and the Special Government Pleader (Forest).

3. The counsel for the petitioner takes me through Exts.P6 and P12 and also through various provisions of Wildlife Protection Act and the Rules framed in it. The counsel submitted that Ext.P16 order is illegal and unsustainable. 4. The Government Pleader, on the other hand, supported Ext.P16. The Government Pleader submitted that the petitioner was not able to produce any documents to prove that he is the owner of the cheetah hide and therefore, there is no other way, except to reject the application of the petitioner and that is mentioned in Ext.P16.

5. I considered the contentions of the petitioner and the Government Pleader. It will be better to extract the contents in Ext.P6:

“മമേൽ വവിഷയയം സയംബനവി്ᨴ ശശശ.കക.എയം.എശബഹഹയം പറവവൂർ എ്ᩐയഹളളുകടെ അമപ്ᩌയവിൽ മകഹടെനഹട് മറഞഞ ഓഫശസർ അമനᩝ᪔ഷണയം നടെതവി മഫഹയം 15 (See Rule 36(2) റവിമപഹർടഞ സമേർപവി്ᨴവിടളുണഞ. ആയതവിൽ ടെവി. അമപ്ᩌകന അമപ്ᩌയവിൽ പറഞവിടളു്ᩦതഹയ മശടെഹഫവി പരസ്ᩧമേഹയവി ലഭവി്ᨴവിടളു്ᩦതഹകണ്ᩐഞ മബഹധ്ᩧകപടവിടളുകണ്ᩐനയം പരഹമേർശവി

്ᨴവിടളുണഞ.

വ(cid:2)വര(cid:2)ചത(cid:2)ന(cid:7)

മമേൽ അടെവിസഹനതവിൽ ടെവി. അമപ്ᩌകനന മവണ സർടവിഫവി്ᨪറഞ നൽകഹവന്ᩐതഹകണ്ᩐഞ ശനപഹർശ കചെയതനകകഹ്ᩦളു്ᩐന. അമപ്ᩌ, ഇൻനവ(cid:7)റ(cid:2) റവിമപഹർടഞ എ്ᩐവിവ ഇമതഹകടെഹപയം അന്ᩌര നടെപടെവികൾ്ᨪഹയവി

സമേർപവി്ᨴളുകകഹ്ᩦളു്ᩐന.”

6. The 3rd respondent, after conducting an enquiry, submitted Ext.P6 report to the 2nd respondent stating that the petitioner obtained this cheetah hide by public. The