Dismissed

E.Seshan v. Lakshminarayan IFS

Madras HC6 Nov 2014CONT P/1882/2014

Case brief

AI extract

What is this about?

The High Court of Madras discharged the petitioner's contempt petition filed against a Chief Conservator of Forests. The Court closed the proceedings after a compliance affidavit confirmed a meeting of Central and State experts resolved to maintain six translocated elephants in specific camps rather than relocating them to other forest areas.

What did the court decide?

Contempt proceedings closed; contempt notice discharged; no costs.

E.Seshan Vs Lakshminarayan IFS — Environment and Pollution | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06-11-2014

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CORAM

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THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE

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AND

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THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
CONTEMPT PETITION No.1882 of 2014
E.Seshan .. Petitioner
vs
Mr.Lakshminarayanan, IFS
The Principal Chief Conservator of Forests
and Chief Wildlife Warden
Panagal Maligai, Saidapet
Chennai 600 014. .. Respondent
Contempt petition filed under Section 11 of
Contempt of Courts Act, 1971, praying to punish the
respondent for not keeping up the assertion made by him by
way of counter affidavit filed in W.P.No.24189 of 2013 and
not obeying the order dated 25.9.2013 passed in
W.P.No.24189 of 2013.
For Petitioner : Mr.R.Srinivas
For Respondent : Mr.M.K.Subramanian
Special Government Pleader
(Forest)
Mr.Haja Mohideen Gisthi
for Union of India
ORDER

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(Order of the Court was made by THE HON'BLE CHIEF JUSTICE)

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The Ministry of Environment and Forest has

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https://hcservices.ecourts.gov.in/hcservices/ brought their affidavit on record. However, there has been

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subsequent development as apparent from the compliance affidavit filed by the Principal Conservator of Forest and Chief Wildlife Warden at Panagal Maaligai, Saidapet. It is averred in the affidavit that in pursuance to our order dated 1.9.2014, read with order dated 18.9.2014, a meeting was convened on 10.10.2014, at Coimbatore qua the subject of release and upkeep of six translocated elephants. This

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meeting was attended by Professor R.Sukumar, Chairman, Centre for Ecological Sciences, Indian Institute of Science, Bangalore and Member of the Steering Committee for Project Elephant on being deputed by Government of India, and Thiru. Shiv Pal Singh, I.F.S., Joint Director, Project Elephant, Government of India, along with 15 other Senior Forest Officers, NGOs, Field Officers and Veterinary Doctors.

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2.The views expressed by the Professor R.Sukumar and Thiru. Shiv Pal Singh, have been set out in paras 8 and

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9 and the decision taken in para 10, which read as under:-

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“8) It is respectfully submitted that the Government of India expert Professor R.Sukumar, Chairman, Centre for Ecological Sciences, Indian Institute of Science, Bangalore and Member of the Steering Committee for Project Elephant, expressed his views as follows:-

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https://hcservices.ecourts.gov.in/hcservices/

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“Professor R.Sukumar appreciated

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the Tamil Nadu Forest Department successful operation of capturing all the six elephants and translocating them to the kraals in the elephant camps, in a short period of time without any untoward incidences, either to the elephants or to the humans. He also reiterated that this operation was a unique in the Asian Elephant Range Countries. In the further, it would be a case study and lesson for other problematic areas in the country.

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As an expert, nominated by the Government of India, Professor Sukumar recorded his visits to both the camps and appreciated the efforts taken by the Forest staff in maintaining the animals in the Kraal.”

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It is respectfully submitted that Thiru. Shiv Pal Singh, I.F.S., Joint Director, Project Elephant, Government of India, New Delhi has informed as follows:-

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https://hcservices.ecourts.gov.in/hcservices/

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“Mr. Shiv Pal Singh, Joint Director, Ministry of Environment and Forests representative of Government of India after viewing a few clipping on the whole operation and the narrations of the field officers expressed his compliments to the Tamil Nadu

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Forest Department. He appreciated the efforts and the judicious decision taken by the Forest Department, Government of Tamil Nadu in protecting the life of both the captured elephants and the people at the capture site itself and their further upkeep in the camps and subsequently their long term future. Government of Tamil Nadu employing all the resources and cost involved to save the life of these elephants as well as human being, has been an act deserving great appreciation.” 10) It is respectfully submitted that in the meeting it was resolved as follows:- “Whether any attempt was made regarding the workability of the option to relocate the six javadu elephants, keep in elephant camps of Anamalai Tiger Reserve and Mudumalai Tiger Reserve (3 each) to any other forest area. Before the capturing of these six elephants the Senior Forest Officials, Veterinarians and elephant experts assessed the ecological, physical psychological and behavioural aspects of the animals and came to conclusion that the status of

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https://hcservices.ecourts.gov.in/hcservices/

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https://hcservices.ecourts.gov.in/hcservices/

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the animals are not conducive for the relocation in any other forest areas. Sending these habitual and compulsive crop raiding animals to other forest area would defeat the very purpose of solving the problem, instead would result in transferring the problem to other areas. The period of en-kraaling varies with age, sex and scientific medical requirement and management. The condition of the elephants were periodically monitored and assessed by expert Veterinarians. Consultations were made periodically with elephant experts regarding the maintenance of the elephants in the camps. Subsequently, on the advice of the Ministry of Environment and Forests nominee Professor. R. Sukumar who inspected the Mudumalai Tiger Reserve and Anamalai Tiger Reserve elephant camps to assess the health condition of the animals. He recommended that the elephants are ready to be taken out from the Kraal and maintained as semi captive animals along with other elephants in the forest camps.” ”

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3.The conclusion, thus, is that the captured elephants cannot be relocated in any other forest area and would be maintained in the respective camps. The minutes duly signed, have been annexed to the affidavit. Thus, the consultative process of the Central Government is complete and this aspect is confirmed by the learned Counsel appearing for the Union of India.

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4.In view of the actions now taken, we are
inclined to close the contempt proceedings and accordingly
it is closed. The contempt notice stands discharged. No
costs.
nsv
SD/
DEPUTY REGISTRAR(CLAA)
//Certified to be true copy//

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Dated at Madras this the day of 2014.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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CO/21/1/2015

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One CC to Spl.Government Pleader, (Forest) SR.11010 One CC to Mr.R.Srinivas, Advocate, SR.10150, 11011 One CC to M/s.Haja Mohideen Gisthi, Advocate, SR.11025

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https://hcservices.ecourts.gov.in/hcservices/

E.Seshan v. Lakshminarayan IFS

Case brief

What is this about?

What did the court decide?

E.Seshan v. Lakshminarayan IFS

Case brief

What is this about?

What did the court decide?

What the court decided

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