Permitting use of elephants for ceremonial purposes must ensure their welfare and avoid cruelty.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“a)issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to accord permission to the petitioners to deploy services of elephants/tuskers for pushing the chariots in the three Temples represented by the petitioners herein for the Annual Car Festival on 3^rd and 4^th of March 2026;

b)issue such other or further orders as this Hon’ble Court may deem just and fit in the circumstances of the case; and c)dispense with production of English translation of vernacular documents.”[SIC]

2. Petitioners herein are the Cart Festival (രഥ(cid:3)ോത്സവം) Committee of the respective temples situated in Perinkulam Village in Alathur, Palakkad District, is the submission. There are four ancient temples situated in this Village, is the further submission. One of the annual festivals in the three temples and also another temple in the Village Sree Perinkulam Siva temple is the annual cart festival. It is the case of the petitioners that, this Court granted permission to use three elephants for pushing the chariots in the previous years. Last year also, there was no objection in parading the elephants, but the objection was only for pushing the chariots. Though orders of this Court in the previous years were produced this year, the 2^nd respondent restricted permission for parading the elephant and not granted permission for pushing the chariots. It is submitted that, in the order in W.P.(C) No. 6289/2023, in paragraph No.2, it is observed by this Court that the counsel submitted that the chariot is actually pulled by about 100 worshipers, and elephants are used only for pushing the chariots in order to negotiate curves easily. It is also submitted that, this Court again in the order in W.P.(C) No. 44136/24, taking note of the interim orders passed by this Court in W.P.(C) Nos.6289/23 and 6054/2024, passed a similar order. Hence, this Writ Petition is filed for a direction to the respondents to accord permission to the petitioners to deploy services of elephants/tuskers for pushing the chariots in the three temples.

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

4. In the light of Exts.P4, P6 and P9 orders, I think a similar order can be passed in this year also.

Therefore, this Writ Petition is disposed of in the following manner:

1. The respondents are directed to grant permission as sought for by the petitioners, subject to the condition that the elephants will not be subjected to any cruelty or excessive fatigue. I make it clear that the elephants can be used only to push the chariots to negotiate curves, if required, without the entire weight being shifted to them in any manner at any point in time. I also make it clear that the respondents, while passing such orders, shall impose necessary conditions to ensure that the elephants are not subjected to torture with any weapon, stick, etc.

2. The petitioners shall be permitted to use only two elephants for the purpose of the parade and for pushing the chariots, subject to the above conditions.

Sd/-