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2026 Supreme(Online)(Ker) 21909

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
MAYILADOMKUNNU SHRI VETTAKARAN VANA DURGA DEVI TEMPLE – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 10066 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.TONY THOMAS (INCHIPARAMBIL), SRI.P.THOMAS GEEVERGHESE
For the Respondents: SPL GP SRI T P SAJAN

The court affirmed the need for timely processing of applications under statutory regulations for traditional practices.

Headnote:The petition for a writ of mandamus was filed seeking the disposal of an application for the use of an elephant at a temple festival in light of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012. The petitioner claimed traditional use of the elephant had been disrupted following the COVID-19 pandemic. The court directed the relevant authority to process the application within a week. The primary issue was the timing of the disposal of the application due to the impending festival date. The court emphasized the urgency due to established traditional practices and legal frameworks surrounding the elephant's use. The final order mandated immediate action on the pending application for the temple ritual.

Table of Content
1. petition for mandamus regarding application processing. (Para 1)
2. reintroduction of traditional practices post-pandemic. (Para 2)
3. court directed timely disposal of application. (Para 3)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and dispose of Exhibit P2 application dated 17.01.2025 submitted by the petitioner seeking permission/one-time registration for the use of an elephant in connection with the temple festival, in accordance with the Kerala Captive Elephants (Management and Maintenance) Rules , 2012, within a time frame to be fixed by this Hon’ble Court;

ii. Issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. "

[SIC]

2. The petitioner herein is Shri Vettakaran Vana Durga Devi Temple, represented by the Secretary of its Temple Committee. According to the petitioner, an elephant had been traditionally used for the temple festival procession as part of the religious belief and customary practice associated with the temple rituals. After the COVID-19 pandemic period, that practice was discontinued because of some financial problems. After the pandemic, the Temple Committee decided to reintroduce the traditional practice of conducting an elephant procession in connection with the temple festival. In view of the prevailing statutory regulations and the directions issued by the Apex Court regarding the use of elephants in festivals, the petitioner submitted an application and the same is pending. An application for one time registration for Temple and Festival is pending. Now the festival is scheduled to be held on 24.04.2026. Therefore, the petitioner submitted that there may a direction to consider Ext.P2 application within a time frame.

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

After hearing both sides, I thin that prayer can be allowed.

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

i) The 2nd respondent is directed to dispose of Ext.P2 application, within a period of one week from the date of receipt of a copy of this judgment.

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