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IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 31.08.2026 DELIVERED ON : 02.09.2026 CORAM :

THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.A.(MD) Nos.979 and 848 of 2023 and CMP (MD) Nos.7675 and 6801 of 2023 Arulmigu Sri Subramania Swami Thirukoil Rep through its Chairman Board of Trustees, Thiruchendur, Tuticorin District.

Appellant(s) in WA(MD) No.979/2023 The Principal Secretary to Government Tourism, Culture and Religious Endowments Department, Fort. St. George, Secretariat, Chennai - 600 009.

Appellant(s) in WA(MD) No.848/2023 Vs

1. S.G.M. Shaa Alias Sheik Mohammed S/o Sheik Mohaideen Batcha, 6A, Edammal Street, Theni, Theni District.

2. The Principal Chief Conservator of Forests and Chief Wildlife Warden, O/o The Principal Chief Conservator of Forests and Chief Wild Life Warden, No.1, Jeenis Road, Panagal Building, Saidapet, Chennai - 600 032.

3. The Conservator Of Forests, O/o The Conservator of Forests, Virudhunagar, Virudhunagar District.

4. The Wild Life Warden, O/o The Wild Life Warden, Srivilliputhur, Virudhunagar District.

5. The District Forest Officer, O/o The District Forest Officer, Theni, Theni District. Respondent(s) in both appeals PRAYER : Appeals filed under Clause 15 of the Letters Patent to set aside the order dated 27.02.2023 passed by the learned Single Judge in W.P.(MD).No.7655 of 2020.

For Appellant in Mr.A.K.Sriram W.A.(MD) No.979/2023: Senior Counsel for Mr.Muthugeethayan [Thru VC]

For Appellant in Mr.R.Bharanidharan W.A.(MD) No.848/2023: Special Government Pleader For Respondent(s): Mr.Mohammed Fayaz Ali, Spl Government Pleader, for R2 to R5 No Appearance for R1 in both appeals COMMON JUDGMENT THE CHIEF JUSTICE Both these writ appeals question the same order, dated

27.02.2023, passed by a learned Single Judge in W.P.(MD)No.7655 of 2020. Since the grievance ventilated in both appeals is identical, they were heard together and are being disposed of by this common judgment.

2.1. The nub of the matter runs thus: One S.G.M. Shaa @ Sheik Mohammed/first respondent herein, who had purchased a female elephant named "Lalitha" in the year 2000, applied to have her ownership transferred in his name. The Principal Chief Conservator of Forests and Chief Wildlife Warden rejected that request by proceedings dated 23.03.2020. Aggrieved, the first respondent herein filed W.P.MD)No.7655 of 2020, praying only that this rejection order be called for and quashed.

2.2. The said writ petition was disposed of on 10.09.2020. The rejection order was upheld, but the first respondent herein was permitted to continue in custody of Lalitha, subject to the department's right to inspect her at any time and to move the Court again if circumstances so required.

2.3. The matter rested there until, sadly, Lalitha's health deteriorated. She fell in December 2022 and suffered further falls in January and February 2023. On being informed of her condition, the learned Single Judge, who had passed the earlier order, visited her personally along with certain animal welfare activists on 26.02.2023 and found her in a distressing state, with multiple wounds and injuries. The case was listed the next day, "for being mentioned", and the impugned order dated 27.02.2023 came to be passed.

2.4. Paragraphs 1 to 12 of the impugned order are devoted entirely to Lalitha. The learned Single Judge directed that her custody be handed over to the District Forest Officer and the District Level Captive Elephant Welfare Committee for treatment; that a named veterinarian attend to her daily; that a detailed treatment plan be submitted; that she be declared to have reached the retirement age of sixty years under Rule 10 of the Tamil Nadu Captive Elephants (Management and Maintenance) Rules, 2011 [for brevity, “the Rules’], and be relieved of all work; that her mahout and his assistant continue in service for four months on a fixed monthly payment; that an ani