Disposed

Suo Motu v. the State of Kerala

Kerala HC12 Jan 2023DBP/2/2023

Case brief

AI extract

What is this about?

Applying a suo motu writ petition based on news reports regarding poor health of captive elephant Ravipuram Govindan. The court, after considering a veterinary report indicating no life-threatening condition, directed the Devaswom Board to ensure complete recovery of the elephant following established court guidelines.

What did the court decide?

Directions to respondents 2 to 5 to ensure proper treatment for the elephant Ravipuram Govindan until complete recovery.

Suo Motu Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE P.G.AJITHKUMAR

¶6

THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA,

¶7

¶8

DBP NO.2 OF 2023

¶9

IN THE MATTER OF COCHIN DEVASWOM BOARD – THRIPUNITHURA

¶10

DEVASWOM - MATTER PERTAINING TO SERIOUS HEALTH ISSUES

¶11

OF AN ELEPHANT BY NAME RAVIPURAM GOVINDHAN – SUO MOTU

¶12

PROCEEDINGS INITIATED BASED ON A NEWS REPORT THAT

¶13

APPEARED IN KERALA KAUMUDI DAILY DATED 11.01.2023 - CDB

¶14

PROCEEDINGS INITIATED - REG.

¶15

------------

PETITIONER:

SUO MOTU

RESPONDENTS:

1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001

¶20

2 COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, ROUND NORTH, THRISSUR - 680001

¶21

3 ASSISTANT COMMISSIONER, COCHIN DEVASWOM BOARD, THRIPUNITHURA GROUP, THRIPUNITHURA - 682301

¶22

4 LIVE STOCK MANAGER, COCHIN DEVASWOM BOARD, OFFICE OF THE COCHIN

¶23

¶24

DBP No.2 of 2023

¶25

DEVASWOM BOARD, ROUND NORTH, THRISSUR - 680001

¶26

5 DEVASWOM MANAGER, THRIPUNITHURA POORNATHRAYEESHA TEMPLE, THRIPUNITHURA DEVASWOM, THRIPUNITHURA - 682301

¶27

6 ADDL R6 - CHIEF VETERINARY SURGEON
(*CORRECTED)
GOVERNMENT VETERINARY HOSPITAL, ERNAKULAM, PIN
- 682016 *IS SUO MOTU IMPLEADED AS ADDL R6
VIDE ORDER DATED 11/01/2023 IN DBP 2/2023

¶28

* ADDL R6 CORRECTED AS CHIEF VETERINARY
OFFICER, GOVERNMENT VETERINARY HOSPITAL,
ERNAKULAM - 682016

¶29

*CORRECTED VIDE ORDER DATED 12/01/2023 IN DBP
2/2023

¶30

BY ADVS.
SRI. S.RAJMOHAN, SR. G.P.
SC, COCHIN DEVASWOM BOARD - CDB

¶31

OTHER PRESENT:

¶32

SRI. K.P.SUDHEER -STANDING COUNSEL -CDB

¶33

SRI. S.RAJMOHAN-SR. GOVERNMENT PLEADER

¶34

THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

DBP No.2 of 2023

ORDER

Anil K. Narendran, J.

¶39

This DBP is registered suo motu based on a news report that appeared in Kerala Kaumudi daily dated 11.01.2023 regarding serious health issues of an elephant by name Ravipuram Govindan owned by the 2^nd respondent Cochin Devaswom Board. When this DBP came up for consideration, this Court directed the additional 6^th respondent Chief Veterinary Officer, Government Veterinary Hospital, Ernakulam to submit a report before this Court by today (12.01.2023) on the physical condition of the said elephant.

¶40

Today, when this matter is taken up for consideration, the learned Senior Government Pleader has filed the report dated 12.01.2023 of the Chief Veterinary Officer, District Veterinary Centre, Ernakulam on the physical condition of the elephant. In the said report it is stated that, on 12.01.2023 at 10.30 a.m., while examining the elephant, it was showing ear flapping, tail swinging. The elephant was taking reduced quantity of palm leaves and water and it was obeying mahout commands. No colic signs observed, however, dung sample showed partially digested ingestion. In the

¶41

¶42

DBP No.2 of 2023

¶43

report, it is observed that, the condition of the elephant is improving. Blood was taken for detailed examination. As per the blood report on 11.01.2023, the blood values are normal, except iron values at border line in normal range. The recommendations made in the report dated 12.01.2023 are as follows;

¶44

The animal is not in a life threatening stage.

¶45

The treatment should be continued till complete recovery.

¶46

Elephant should be engaged for work only after examination of health status.

¶47

The learned Standing Counsel for Cochin Devaswom Board has made available for the perusal of this Court a copy of the certificate issued by the Veterinary Surgeon, Veterinary Polyclinic, North Paravur, which has been referred to in the report dated 12.01.2023 of the Chief Veterinary Officer.

¶48

Heard the learned Senior Government Pleader for respondents 1 and 6 and also the learned Standing Counsel for Cochin Devaswom Board for respondents 2 to 5.

¶49

In Sreekumar v. Travancore Devaswom Board

¶50

[2005 (1) KLT 43] , in the context of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003, a Division Bench of this Court held that the Travancore

¶51

¶52

DBP No.2 of 2023

¶53

Devaswom Board is the custodian of the animals which are entrusted by the devotees with the fervent hope and expectation that they will be looked after well. These animals are in a way offerings to the deities. Therefore, it is the paramount duty and responsibility of the Board to take proper care of these animals at all costs. If the animals are not looked after well, necessarily it will amount to cruelty to them.

¶54

This, in turn, will attract the provisions of the Prevention of Cruelty to Animals Act, 1960.

¶55

The law laid down by this Court in Sreekumar

¶56

(supra) was reiterated by this Court in Premakumar P. v. Travancore Devaswom Board and others [2022 (6) KLT 140] . The Cochin Devaswom Board is arrayed as the 13^th respondent in that writ petition.

¶57

Having considered the materials on record, we deem it appropriate to dispose of this DBP by directing respondents 2 to 5 to take necessary steps to ensure proper treatment to the elephant by name, Ravipuram Govindan, till the elephant is completely recovered and found fit by the medical team headed by the 6^th respondent Chief Veterinary Officer of Government Veterinary Hospital, Ernakulam. The 4^th

¶58

¶59

DBP No.2 of 2023

¶60

respondent Live Stock Manager, who is having overall control of the Live Stock under Cochin Devaswom Board, shall ensure

¶61

that the directions contained in the judgment of this Court in

¶62

Premakumar P. [2022 (6) KLT 140] is followed in letter

¶63

and spirit while managing the captive elephants owned by

¶64

the Cochin Devaswom Board.

¶65

Sd/-

¶66

Sd/-

¶67

P.G. AJITHKUMAR, JUDGE

¶68

MIN

Suo Motu v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jayan S Vs Executive Officer

Don Paul Vs Tisa Don

Cochin Devaswom Karmik Sangham Vs Cochin Devaswom Board

Soosan Thomas Vs Thomas George

Sukumaran, Vs Ponnamma

Salma Beevi Vs Sheeja