O R D E R

The petitioner herein filed the above writ petition challenging the order passed by the second respondent dated 07.11.2013, where under the request of the petitioner for transportation of elephant under valid ownership certificate for participation in temple festival on 29.12.2013 in the State of Tamil Nadu was rejected.

2.According to the writ petitioner, he is the owner of the elephant and he possessed valid ownership certificate issued under Section

42 of Wild Life (Protection) Act.

3.The learned counsel for the petitioner submits that the petitioner submitted an application before the 4th respondent for transportation of his animal, viz., elephant, from Kerala to Tamil Nadu. The 4th respondent, in turn, forwarded the application to the 3rd respondent and he passed the impugned order dated 12.12.2013 rejecting the application, by relying on the order passed by the Inspector General of Forest, dated 07.11.2013. According to the petitioner under Section 43 of Wild Life Protection Act, the transportation of elephant from one State to other State is permitted under the sanction from the Principal Chief Conservator of Forests cum Chief Wildlife Warden from the concerned State. He also relied on the decision of a Division Bench of the Kerala High Court dated 31.03.2015, passed in W.A.No.1650 of 2014.

4. Mr.P.Sanjay Gandhi, learned Government Advocate appearing for the 3rd respondent submitted that the period for which the transportation of the elephant was sought for is already over. If any fresh application is filed by the writ petitioner, it will be considered in the light of the relevant provisions of law. He also brought to the notice of this Court the order dated 19.01.2022, passed in W.P.No.34258 of 2013 etc., batch, wherein, in a similar situation, this Court directed the writ petitioner therein to submit an application in prescribed format and consequently, directed the authorities concerned to consider the request for transportation in the light of relevant provisions of law. He also circulated the letter dated 16.06.2022 in C.No.WL1/6965/2022 from Principal Chief Conservator of Forests and Chief Wildlife Warden, Chennai (3rd respondent herein) addressed to the Chief Wildlife Warden, Tiruvananthapuram, wherein, certain conditions for granting permission for transportation was laid and the same is extracted below.

(i) The Principal Chief Conservator of Forests and Chief Wildlife Warden, Kerala shall please ensure that the ownership certificate has been issued under Declaration of Wildlife Stock Rules, 2003 (SO 445 (E), dated 18.04.2003) and relevant provisions of the Wildlife (Protection) Act 1972;

(ii) The owner or the authorised agent should produce the original ownership certificates and microchip implantation certificate for verification before the Principal Chief Conservator of Forests and Chief Wildlife Warden, Kerala;

(iii) It should be verified from the records that the elephant is not covered in the list of 289 captive elephants mentioned in G.O.(RT).No.84/2016/F&LD, dated 26.02.2016 and as available with the Hon'ble Supreme Court of India in I.A.No.25 and 27 of 2016 in WP(C).No.743 of 2014, dated

04.05.2016;

(iv) Transit permit should mention the name of the Mahout and Cavady along with passport size photo duly attested by the competent authority.

B. The following conditions should also be strictly adhered to:

1. All the conditions specified in the Wildlife (Protection) Act 1972 and rules therein, the prevention of cruelty Animal to Act 1960, performing Animals (Registration) Rule 2001 and the Tamil Nadu Captive elephant (Management and Maintenance) Rule 2011 should be complied with.

2. Shortest route should be prescribed with approximate journey time as in permit (Form II);

3. The Elephant should not be taken to crowded and inhabited area;

4. The Elephant should not be used for begging;

5. The Elephant should not be used for Cross breeding;

6. The temple authority to provide adequate security to avoid people disbur