Disposed

Sreekanteswara Kshetra Yogam v. State of Kerala

Kerala HC5 Feb 2019WP(C)/2940/2019

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala directed the District Committee of Kerala to consider the petitioners representation seeking registration for parading elephants and pass appropriate orders within two weeks, while also directing consideration of the request for sanction to use captive elephants for the festival.

What did the court decide?

Direction to the District Committee to consider the petitioners representation for elephant regrouping and sanction for festival use within two weeks.

Sreekanteswara Kshetra Yogam Vs State of Kerala — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY ,THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940

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WP(C).No. 2940 of 2019

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PETITIONERS:

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1 SREEKANTESWARA KSHETRA YOGAM

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(REG.NO.S.45/76), KOZHIKODE - 673 001, REPRESENTED BY ITS GENERAL SECRETARY.

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2 SURESH BABU.E. AGED 67 YEARS S/O.KUTTAPPAN, GENERAL SECRETARY, SREEKANTESWARA KSHETRA YOGAM, (REG.NO.S.45/76), KOZHIKODE - 673 001.

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BY ADV. SRI.K.PRAVEEN KUMAR

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 ADDITIONAL PRINCIPAL CHIEF CONSERVATOR OF FORESTS NORTHERN REGION, VANASREE, MATHOTTAM, ARAKKINAR (PO), KOZHIKODE - 673 028.

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3 ASSISTANT CONSERVATOR OF FORESTS SOCIAL FORESTRY, VANASREE, MATHOTTAM, ARAKKINAR (PO), KOZHIKODE - 673 028.

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4 THE DISTRICT COMMITTEE (CONSTITUTED UNDER RULE 10 OF KERALA CAPTIVE - ELEPHANTS (MANAGEMENT AND MAINTENANCE) RULES, 2012), REPESENTED BY ITS CONVENER,ASSISTANT CONSERVATOR OF FORESTS, SOCIAL FORESTRY, VANASREE, MATHOTTAM, ARAKKINAR (PO), KOZHIKODE - 673 028.

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WP(C).No. 2940 of 2019

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-2-

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ADDL.R5 THE CHAIRMAN (DISTRICT COLLECTOR), DISTRICT COMMITTEE, (CONSTITUTED UNDER RULE 10 OF KERALA CAPTIVE-ELEPHANTS (MANAGEMENT AND MAINTENANCE) RULES, 2012) CIVIL STATION P.O., KOZHIKODE-673020. ( IMPLEADED AS PER ORDER DATED 5.2.2019 IN I.A.2/2019).

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OTHER PRESENT:

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SPL.GP SANDESH RAJA.K

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2940 of 2019

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JUDGMENT

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for

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the petitioner that Ext.P6 representation has been submitted before the District Committee constituted under the Kerala Captive Elephants(Management and Maintenance) Rules, 2012 seeking registration in terms of the rules for parading of elephants.

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There will be a direction to the 4^th

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respondent to consider and pass appropriate orders on Ext P6 representation at the earliest. On orders being passed as directed above, the request made by the petitioner before the 3^rd respondent for

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sanction for use of captive elephants for the festival will also be considered without further delay.

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Final orders shall be passed by the respondents

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WP(C).No. 2940 of 2019

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-4-

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as directed above within a period of two weeks, from the date of receipt of a copy of this judgment.

SD/-

ANU SIVARAMAN

JUDGE

SJ 05.02.2019

WP(C).No. 2940 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE PUBLISHED BY THE 1ST PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE LETTER DATED 24/12/18 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE ORDER DATED 18/8/15 IN WRIT PETITION (CIVIL) NO.743/2014 OF THE HON'BLE SUPREME COURT.

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EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 16/01/19 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 15/12/18 FOR PERMISSION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

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EXHIBIT P6

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TRUE COPY OF THE REPRESENTATION DATED 1.2.2019 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH AND 5TH RESPONDENTS

Sreekanteswara Kshetra Yogam v. State of Kerala

Case brief

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Sreekanteswara Kshetra Yogam v. State of Kerala

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