O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to forbear them from taking any steps to dispossess the captive elephant, namely Manimola, Microchip No. 961001000005791, which is maintained by the petitioner in the light of the interim order passed in Writ Petition (Civil)743/2014 dated 04.05.2016 by the Hon'ble Supreme Court of India and on the basis of the representation made by the petitioner before the first respondent herein by RPAD dated 13.01.2022.

2.It is the case of the petitioner that he is maintaining the aforementioned captive elephant, which is aged about 31 years having a valid certificate of ownership issued from the office of Conservator of Forests, Eastern Assam Circle, Jorhat, dated 03.10.2006 in favour of Mr.Honto Handique, S/o.Sri Panchadhar Handique.

3.According to the petitioner, for the proper management of the said elephant, it was transported from Bihar to Kanyakumari vide valid transit permission issued by the Wild Office of the Chief Conservator of Forest-cum-Chief Wildlife Warden, Bihar, Patna, dated 08.11.2007 and the custody of the elephant was given to the petitioner on 14.11.2007.

4.According to the petitioner, he has complied with the procedure required under Section 43(2) of Wild Life (Protection) 1972. It is the case of the petitioner that he had also made a declaration under Section 40 and 40A of the Act before the second respondent on 23.11.2009. According to the petitioner, the fourth respondent conducted an enquiry and prepared inventory on 04.06.2010 under Section 41 of the Act. The second respondent in his proceedings, dated 05.05.2010 recommended to grant permission to possess and maintain the aforesaid elephant under the custody of the petitioner and participate in the customary rituals.

5.The petitioner also states that the Conservator of Forests, Tirunelveli, in his proceedings, dated 05.08.2010, forwarded the required documents for issuing ownership certificate and accordingly, all the required documents were sent by the petitioner to the first respondent and the same is pending as on date for issuing ownership certificate for the said elephant.

6.The Government of Tamil Nadu by exercising power conferred under Section 64 of the Act, framed Rules, namely, Tamilnadu Captive Elephants (Management and Maintenance), Rules, 2011. As per Rule 11 of the said Rules, the owners of the captive elephants should maintain the records and registers regarding the maintenance of captive elephants and the same should be produced before the Officer authorised by the Government in this behalf for inspection from time to time as may be called for.

7.The case of the petitioner is that he submited quarterly reports regarding maintenance of his elephant for every three months to the District Welfare Committee, which was formed as per the aforementioned Rules. According to the petitioner, the District Welfare Committee has also maintained the data sheet for the petitioner's elephant from the year 2019. It is also the case of the petitioner that his elephant has also participated in some temple functions as per the aforementioned rules.

8.According to the petitioner on 21.12.2021, the petitioner made an application before the second respondent to grant transit permission and to grant permission to participate in temple functions. The second respondent forwarded the same to the first respondent along with the Demand Drafts for transit pass. The first respondent in his proceedings, dated 25.01.2021 returned the application and requested him to send back the aforesaid captive elephant to the original owner and intimated him that if it is not done, legal action will be initiated against him for illegally possessing the elephant.

9.The petitioner has relied upon the interim directions given by the Honourable Supreme Court in W.P.(C)No.743 of 2014, dated 04.05.2016 and 01.11.2018, with regard to the captive elephant. As per the interim direction given by the Ho