The court upheld the right to conduct an elephant procession, contingent on pending registration, emphasizing regulatory compliance for animal welfare.

JUDGMENT

The above writ petition is filed with following prayers:

a) “Issue a writ of mandamus or any other writ, order or direction, directing the respondents 2 to 6 to register the temple of the petitioner under Kerala Captive Elephants (Management and Maintenance) Rules, 2012 , pursuant to application evidenced by Ext. P3, P9 and P10; b) To declare that the respondents 2 to 6 are duty bound to grant permission to petitioner to conduct the elephant procession in connection with the ensuing Shivarathri festival, as the petitioner had already applied for registration as is evident from Ext.P3, P9 and P10;

c) Issue a writ of mandamus or any other writ, order or direction, directing the respondents 2 to 6 to grant permission to the petitioner to conduct elephant procession in the ensuing Shivarathri festival expeditiously;

d) Issue a writ of mandamus or any other writ, order or direction, directing the 2nd respondent to consider and pass orders on Ext. P8 expeditiously at any rate before 11.02.2026;

e) Direction to 2nd and 4th respondents to produce entire files bearing No. KFDHQ/10925/2025-CWW/WL and KFDDO/ 7774/ 2025-DFOSFKKD/E before this Hon’ble Court to substantiate the case of the petitioner;

f) to issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case.

g) to permit the petitioner to produce translations of the vernacular documents as and when directed by this Hon’ble Court; “ [sic]

2. The petitioner is the President of Balussery Ponnaram Theru Sree Mahaganapati Kshetraparipalana Committee. The main prayer in this writ petition is for allowing elephant procession in connection with the 'Shivaratri festival' on 15.02.2026. It is the contention of the petitioner that they already submitted application to register the temple for elephant procession in accordance with the provisions of Kerala Captive Elephants (Management and Maintenance) Rules, 2012 (for short 'Rules). That application is pending consideration before the authorities. Since, the Shivarati festival is scheduled to be celebrated this Sunday (15.02.2026), an order may be passed for allowing the elephant procession is the grievance. Hence, this writ petition.

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

4. There is no dispute to the fact that the petitioner already submitted application for registration as per the Rules. That is pending consideration before the authorities. Now, it is the definite case of the petitioner that it is a custom in the temple to attend an elephant for procession.

5. Considering the facts and circumstances of this case and also considering the fact that the application for registration as per Rules is pending consideration before the authorities, the petitioner's committee can be allowed to parade an elephant in connection with Shivaratri festival.

Therefore, this writ petition is disposed of with the following directions :

1) The petitioner's committee shall be allowed one elephant for Shivaratri festival procession starting from 13.02.2026 to 15.02.2026.

2) The competent authority among the official respondents can supervise and see that no cruelty is inflicted on the elephant.

3) The competent authority will consider the application evidenced by Ext.P3 and pass appropriate orders as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.

Sd/-

P.V.KUNHIKRISHNANJUDGESKSJudgment reservedNADate of Judgment12/02/2026Judgment dictated12/02/2026Draft judgment placed12/02/2026Final judgment uploaded12/02/2026PETITIONER EXHIBITSExhibit P1. TRUE COPY OF THE ORDER DATED 18-8-15 INWRIT PETITION (CIVIL) NO.743/2014 OF THEHON’BLE SUPREME COURTExhibit P2. TRUE COPY