IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.01.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.A.No.175 of 2026 &

C.M.P.No.1589 of 2026 The Principal Chief Conservator of Forest and Chief Wildlife Warden Department of Forest Government of Tamil Nadu No.1, Jeenis Road Panagal Buildings, Saidapet Chennai 600 015. .. Appellant Vs.

1. Sri Kanchi Kamakoti Peetham Rep. by its Manager V.Vaidyanathan Srimatam Samasthanam No.1, Salai Street Kancheepuram 631 502.

2. Commissioner Hindu Religious and Charitable Endowments Department

119, Uthamar Gandhi Salai Nungambakkam Chennai 600 034.

3. The District Forest Officer and Member Convenor District Captive Elephant Welfare Committee Near Circuit House Master Plan Complex Villupuram.

4. The District Forest Officer Kancheepuram District Kancheepuram.

5. The Authorised Officer/ Forest Officer M.R.Palayam Elephant Rescue and Rehabilitation Centre M.R.Palayam, Manachanallur Taluk Trichy District. .. Respondents Prayer : Appeal under Clause 15 of the Letters Patent against the order dated 07.01.2026 in W.P.No.47905 of 2025. For Appellant : Mr.M.Suresh Kumar Additional Advocate General Assisted by Dr.T.Sreenivasan Special Government Pleader For Respondents : Mr.V.R.Shanmuganathan for R1 Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader (HR & CE) for R2 JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice)

Challenge to the order of the learned Single Judge is based on a document which has been created subsequent to the order of the learned Single Judge.

2. Paragraph 21 of the order clearly shows that the order was passed on certain agreements between the parties that if a direction is issued to District Level Captive Elephant Welfare Committee to inspect the facility and to review the welfare and maintenance of the elephants once in a month, the same would subserve the ends of justice.

3. We further find that the writ Court had issued the following the directions to ensure the safety of animals:

“25. In light of the above discussion, the Writ Petition stands disposed of on the following terms:

(1) The respondents 1, 3 to 5 shall hand over the custody of the three elephants, namely, Sandhya, Indu and Jayanthi, to the writ petitioner within a period of one week from today.

(2) The animals may be transported utilising the vehicles owned by the Forest Department. In such an event, the petitioner shall bear the costs of such transportation.

(3) The animals should not be moved out of the Konerikuppam facility till they are restored to their health. The restoration to health must be duly certified by any one of the three Doctors, namely, Dr.Kalaivanan (M.V.Sc), Dr.Sridharan (M.V.Sc), or Dr.M.Sivachandran, (M.V.Sc) or by any other expert in elephant welfare and employed by the Forest Department.

(4) The writ petitioner is at liberty to perform the Gaja Pooja and other religious rituals in the Konerikuppam facility itself. The petitioner will be entitled to move the elephants to the temple and other areas, upon obtaining certification as contemplated in the Clause (3).

(5) The District Welfare Committee of the Captive Elephants shall inspect the animals and the facility once a month till the animals are restored to their full health, and thereafter once in three months, in terms of Rule 14(3) of Tamil Nadu Captive Elephants (Management and Maintenance) Rules, 2011. Dr.Kalaivanan, during tri-monthly inspection shall accompany the team and inspect the animals.

(6) The petitioner shall apply for the necessary permits for the translocation within a period of three days from today. On receipt of the said application, the appropriate authority shall grant the requisite permission. While granting the permissions, the conditions imposed through this order may also be included in the transit permission.

(7) The expenses incurred by the Forest Department for the translocation shall be duly reimbursed by the writ petitioner immediately upon