The Single Judge allowed temporary transit of an elephant named Lakshmi belonging to Regal Circus. The High Court dismissed the writ appeal filed by the State asserting that adequations safeguards were included in the interim order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH
MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931
WA.No. 1686 of 2009() --------------------AGAINST THE ORDER IN WPC.15817/2009 Dated 15/07/2009
APPELLANT(S): RESPONDENTS:
BY GOVERNMENT PLEADER SRI.P.M.POULOSE.
RESPONDENT(S): PETITIONER:
M.CHANDRAN, S/O.K.K.NAIR, "SREESAILAM", KODIYERI, THALASSERRY, KANNUR DIST.
SRI.M.RAMESH CHANDER.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J.
---------------------------------------------W.A. No.1686 of 2009
Dated 3rd August, 2009.
J U D G M E N T
Kurian Joseph, J.
Respondents in the writ petition are the appellants herein. The appellants are aggrieved by the interim order dated 15.7.2009 passed by the learned Single Judge, permitting temporary transit of the elephant by name Lakshmi to Salem. The writ petitioner approached this court praying for permission for the transit. We find that the elephant is part of the circus troop by name Regal Circus. We also find that adequate safeguards have been made by the learned Single Judge in the order and therefore, we do not think it necessary to refer to the various contentions vehemently taken by the learned Special Government Pleader. All those contentions can be taken at the time of disposal of the writ petition. We are of the view that the balance of convenience is certainly in favour of the writ petitioner, and the interests of the State are safeguarded sufficiently by the interim order. In that view of the matter,
WA NO.1686/09
2
leaving open all the contentions taken by the appellants, the writ appeal is dismissed.
S.R.BANNURMATH, Chief Justice.
KURIAN JOSEPH, Judge.
tgs
S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J.
W.A. No.1686 of 2009
J U D G M E N T
Dated 3rd August, 2009.
1 issue framed by the court
Whether the interim order permitting temporary transit of an elephant in a circus should be modifed or set aside in the writ appeal filed by the State of Kerala.
State of Kerala
M. Chandran
S.R.Bannurmath
Kurian Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
