IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE P.M.MANOJ WEDNESDAY, THE 16^TH DAY OF APRIL 2025 / 26TH CHAITHRA, 1947 WP(PIL) NO. 25 OF 2025 PETITIONER(S):

VANITHA.G, AGED 41 YEARS ADVOCATE K/617-D/2006, NO.16 A, LAKSHMI VILLA, GATE 1, CHANDRANAGAR COLONY, CHANDRANAGAR, PALAKKAD, PIN –

678 007 BY ADV SARATH M.S.

RESPONDENT(S):

1 UNION OF INDIA REPRESENTED ITS SECRETARY, MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE (WILDLIFE DIVISION), INDIRA PARYAVARAN BHAVAN, JOR BAGH ROAD, NEW DELHIEMAIL: SECY-MOEF@GOV.IN, PIN - 110003

2 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY,, KERALA FOREST DEPARTMENT, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014

3 HIGH POWER COMMITTEE CONSTITUTED UNDER THE ORDERS OF THE HON’BLE HIGH COURT OF TRIPURA AND HON’BLE SUPREME COURT, CHIEF WILD LIFE WARDEN, FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM EMAIL: CWW.FOR@KERALA.GOV.IN, PIN - 695014

4 VANTARA RPRESENTED BY EXECUTIVE OFFICER THROUGH RADHE KRISHNATEMPLE ELEPHANT WELFARE TRUST 'VRAJ', OPP. HDFC BANK, BESIDE CHANDANBALA TOWERS, NEAR SUVIDHA SHOPPING CENTRE, JAMNAGAR, GUJARAT EMAIL:MT.RKTEWT@GMAIL.COM, PIN - 361140 THIS WRIT PETITION (PUBLIC INTEREST LITIGATION) HAVING BEEN HEARD ON 16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Amit Rawal, J.

Through this Writ Petition filed in public interest the petitioner has sought directions against the respondents restraining them from permitting any transfer of elephants from the State of Kerala to any place outside the State of Kerala including Respondent No. 4 Vantara / Radhe Krishna Temple Elephant Welfare Trust, without prior permission from this Court. The Petitioner also seeks a clarification on the scope of the remit of the Respondent No.3 - High Powered Committee functioning as per Orders of the Hon’ble Supreme Court, With further directions to the State of Kerala to formulate and notify an elephant protection policy barring inter-state transfers, much less inquiry into the transfers of Elephants made to Respondent No. 4 from the year 2020 till date.

2. The basis of this Petition are news articles and news stories published in online and offline modes by platforms and publishers being National News, Deccan Herald, Himal South Asian and Down to Earth. Based on the contents of these news articles and news stories the Petitioner has contended that Elephants from Kerala are at risk of being transferred to Respondent No. 4 based in Gujarat under the pretext of rescue or welfare.

3. Relying on the article / story published on 14th June

2024 and dated 21st January 2025 on the platform National News, the Petitioner contends that serious questions have been raised about the legality of the Respondent No.4, the public outcry has arisen in the manner of transfers made to RespondentNo.4. It is alleged that the Respondent No. 4 has operationalized a website calling upon world at large to report abuse or distress of animals with a view to amass more Elephants by portraying certain elephants as mistreated or in need of rescue.

4. Relying upon a story / article dated 20th March

2024published by platform Himal South Asia it is alleged that Respondent No. 3 - HPC has failed to carry out its functions and questions have been raised about institutional objectivity and independence of the Respondent No. 3 -HPC. It is alleged that the formation of Respondent No. 3 -HPC was for a limited purpose which has come to an end especially with the advent of the newly notified Captive Elephant (Transfer and Transport)

Rules, 2024.

5. We have heard the learned counsel for the Petitioner and perused the various articles and reports annexed to the Petition. Apart from the various articles and reports annexed to the Petition no other material has been placed before us.

6. It is not the case of the Petitioner that any specific decision of the Respondent No.3 - HPC is not in accordance with law, nor that any transfer of Elephants to the Re