Writ petitioner SPCA sought directions for enforcing Performing Animals (Registration) Rules 2001 regarding captive elephants used for rides and declared unauthorized rides illegal. The court recorded respondent's submission regarding pending registrations and vigilant monitoring.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 9TH DAY OF DECEMBER 2014/18TH AGRAHAYANA, 1936
WP(C).No. 10424 of 2014 (C)
PETITIONER(S):
THE SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS (SPCA) REPRESENTED BY ITS PRESIDENT, M.N.JAYACHANDRAN, P.B.NO.66, ERAPOOZHIKKARA BUILDING, PALA ROAD, THODUPUZHA, IDUKKI, PIN 685584.
BY ADV. SRI.BRIJESH MOHAN
RESPONDENT(S):
R2 BY ADV. GOVERNMENT PLEADER K.C.VINCENT R5 BY ADV. SRI.K.JAJU BABU (SR.) R5 BY ADV. SMT.M.U.VIJAYALAKSHMI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10424 of 2014 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1:COPY OF THE BOARD SHOWING THE RATES FIXED BY THE 4TH RESPONDENT FOR ELEPHANT RIDES IN IDUKKI DISTRICT.
EXHIBIT-P2: COPY OF GO (RT) NO.31/2013/F& WLD DATED 16.1.2013 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT-P3: COPY OF THE REPRESENTATION DATED 8.5.2011 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS
------------------------:
EXT.R2(A): COPY OF LETTER NO.9-1/2013-14/PCA DATED 5/12/2013 OF THE SECRETARY, ANIMAL WELFARE BOARD OF INDIA.
EXT.R2(B): COPY OF LETTER NO.BDC2-28/14/1 DATED 15/1/2014 OF THE ADDL.PRINCIPAL CHIEF CONSERVATOR OF FORESTS (BIO DIVERSITY CELL).
EXT.R2(c): COPY OF LETTER DATED 28/1/2014 OF THE GENERAL SECRETARY, KERALA ELEPHANT OWNERS FEDERATION ADDRESSED TO THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WL).
EXT.R2(D): COPY OF LETTER DATED 6/3/2010 OF THE GENERAL SECRETARY, KERALA ELEPHANT OWNERS FEDERATION ADDRESSED TO THE SECRETARY, ANIMAL WELFARE BOARD OF INDIA.
ET.R2(E): COPY OF LETTER NO.BDC.2.28/14 DT.22/4/2014 OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WL.)
ET.R2(F): COPY OF KERALA CAPTIVE ELEPHANTS (MANAGEMENT AND MAINTENANCE) RULES,2012.
/TRUE COPY/
P.S. TO JUDGE.
A.MUHAMED MUSTAQUE, J.
- - - - - - - - - - - - - - - - - - - - - W.P.(C).No.10424 OF 2014
Dated this the 9th day of December, 2014
JUDGMENT
The petitioner is a Society established for prevention of cruelty to animals. The petitioner approached this Court seeking direction to respondents to ensure that the provisions of the Performing Animals (Registration)Rules 2001 are enforced and implemented with regard to Captive Elephants used for rides. The petitioner also seeks declaration that the action of the respondents in permitting Elephant Rides using Captive Elephants without taking registration under the Performing Animals(Registration)Rules 2001 is arbitrary and illegal. It is submitted that the authorities failed to observe the above rules.
W.P.(c).No.10424 of 2014
: 2 :
“With reference to the averments contained in paragraph 4 of the writ petition, it is submitted that the Captive Elephants are managed under the Kerala Captive Elephants(Management and Maintenance) Rules 2012. the 4th respondent, the Deputy Director, Periyar Tiger Reserve, Idukki does not maintain any departmental elephant. Ext.P1 was erected to avoid cheating of tourists by private owners of elephants. The rate fixed for elephant ride in G.O.(Rt) No.31/2013/F&WLD dt. 16/1/2013(Ext.P2) is kept in abeyance till the departmental elephants are registered under the Performing Animals (Registration) Rules 2001 with the Animal Welfare Board of India. By letter dated 22/4/2014, the 2nd respondent directed the concerned officers to stop using of elephants under their jurisdiction as performing animals till the elephants are registered under the Performing animals (Registration)Rules, 2001. A true copy of the above letter dated
W.P.(c).No.10424 of 2014
: 3 :
22/4/2014 of the 1st respondent is produced herewith and marked as Exhibit R2(e). “
the Kerala Forest and Wildlife Department has registered 160 cases relating to cruelty to elephants, under the Kerala Captive Elephants(Management and Maintenance) Rules . Therefore, the authorities seems to have vigilant in the matter. However, they shall ensure implementation of provisions of the Performing Animals(Registration) Rules 2001 referred above and take appropriate action in the matter as and when it is warranted.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk
/True copy/ PS to Judge.
W.P.(c).No.10424 of 2014 : 4 :
3 issues framed by the court
Whether the authorities must ensure enforcement of Performing Animals (Registration) Rules 2001 for captive elephants used for rides.
Whether permitting elephant rides without registration under the Performing Animals (Registration) Rules 2001 is arbitrary and illegal.
Whether the Kerala Forest and Wildlife Department has taken necessary steps regarding registration of captive elephants.
THE SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS (SPCA)
STATE OF KERALA
THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (WL)
THE DISTRICT COLLECTOR
THE DEPUTY DIRECTOR, PERIYAR TIGER RESERVE
ANIMAL WELFARE BOARD OF INDIA
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
