The District Monitoring Committee must provide reasoned decisions when granting permits for parading elephants, ensuring compliance with statutory provisions.

1. The petitioners, who are devotees of Ithithanam Elamkavu Temple, which is a public temple in Kurichi Village in Changanassery Taluk, which is governed by the provisions under Ext.P1 registered trust deed dated 19.01.1960, have filed this writ petition under Art.226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 proceedings dated 10.03.2023 of the District Monitoring Committee headed by the 2nd respondent District Collector, Kottayam, insofar as it relates to the conduct of Gajamela in Ithithanam Elamkavu Temple. The petitioners have also sought for a writ of mandamus commanding respondents 2 to 5 to consider and take appropriate decision on Ext.P4 series of representations.

2. On 10.04.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 5. Urgent notice on admission by special messenger was ordered to the 6th respondent, namely, Ithithanam Elamkavu Temple Managing Committee, returnable by 12.04.2023. The learned Senior Government Pleader was directed to get instructions with specific reference to the law laid down by this Court in Prema Kumar P. v. Travancore Devaswom Board and others ( 2022 (6) KHC 90 : (AIROnLine 2022 Ker. 825)).

3. The 6th respondent entered appearance and filed a counter affidavit dated 11.04.2023, opposing the reliefs sought for in this writ petition, producing therewith Ext.R6(a) registration certificate dated 25.09.2015 issued by the District Monitoring Committee, Kottayam for parading elephants in the temple premises, in connection with temple festival.

4. Heard the learned Senior Counsel for the petitioners, the learned Senior Government Pleader for respondents 1 to 5 and also the learned counsel for the 6th respondent.

5. The issue that arises for consideration in this writ petition is as to whether any interference is warranted in Ext.P5 proceedings dated 10.03.2023 of the District Monitoring Committee headed by the 2th respondent District Collector, insofar as it relates to the permission granted in connection with Gajamela scheduled to be held on 23.04.2023 in Ithithanam Elamkavu Temple in Kurichi Village, subject to the conditions contained in the said proceedings for parading the elephants.

6. The Kerala Captive Elephants (Management and Maintenance) Rules, 2012 is one made by the State, in exercise of the powers conferred by sub-section (2) of S.64 of the Wildlife (Protection) Act, 1972 and in supersession of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003. R.4 of the said Rules deals with upkeep and veterinary care of the elephant. As per sub- rule (1) of R.4, for taking care of each elephant, the owner thereof shall engage a mahout having at least three years of experience in managing an elephant. As per sub-rule (17) of R.4, while issuing medical certificate, the Veterinary Doctor should verify the original documents such as ownership certificate of the elephant, (if received from forest department) microchip certificate, insurance certificate and original elephant data book to ensure the correctness. The Veterinary Doctor shall issue the health certificate of the elephant in the prescribed format shown as Appendix I. As per sub-rule (18) of R.4, before any captive elephant is transported from one place to another, the Veterinary Doctor shall inspect the elephant and issue a Fitness Certificate in the form given in Appendix II.

7. R.10 of the said Rules deals with the constitution of District Committee. As per sub-rule (1) of R.10, a District Committee shall be constituted by the Dis