High Court of KeralaDivision BenchDisposed of; no further action beyond directing...

Cochin Devaswom Board - Lack of Care to Elephants (DBP No. 100 of 2023)

Case / Petition Number:DBP No.100 of 2023
Neutral Citation:/

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Anil K. Narendran
  • P. G. Ajithkumar
Judgment Date
2023-12-11
Court Decision / Holding
DBP disposed of; no further action except directing respondents 2 to 5 to strictly follow the Kerala Captive Elephants (Management and Maintenance) Rules, 2003 and the directions issued by this Court in Sreekumar v. Travancore Devaswom Board and Prema Kumar P. v. Travancore Devaswom Board. The court extracted Sub-rule provisions of Rule 4 and reaffirmed compliance with the Rules and the Wildlife Act, including penalties under Section 51, and directed adherence to the guidelines laid down in Prema Kumar as reiterated in the order.
Final Disposition
Disposed of; no further action beyond directing strict compliance with the Kerala Captive Elephants (Management and Maintenance) Rules, 2003 and the court’s cited directions; final disposal stated as such.

Parties to the Case

Appellants / Petitioners

  • SUO MOTU

Respondents

  • State of Kerala represented by the Principal Secretary to Government, Revenue(Devassw) Department, Government Secretariat, Thiruvananthapuram, Pin 695001
  • Chief Wildlife Warden & Principal Chief Conservator of Forests (Wildlife) Forest Head Quarters, Vazhuthacaud, Thiruvananthapuram-695014
  • Cochin Devaswom Board represented by its Secretary, Round North, Thrissur-680001
  • Commissioner Cochin Devaswom Board, Swara j Round North, Round North, Thrissur, Pin-680001
  • Livestock Manager Cochin Devaswom Board, Office of the Cochin Devaswom Board, Round North, Thrissur-680001
  • The Chief Veterinary Officer Government Veterinary Hospital, Ernakulam, Pin - 682 016

Legal Representation & Advocates

Counsels for Respondents

  • • Sri S. Rajmohan – Sr Government Pleader
  • • Sri K. P. Sudheer – Standing Counsel

Case Synopsis & Summary

This is a suo motu petition (DBP No. 100 of 2023) initiated in the High Court of Kerala at Ernakulam concerning alleged neglect in the management and welfare of captive elephants owned by the Cochin Devaswom Board. The matter arose from a complaint listing six elephants and photographs alleging lack of care. The court record shows that, after registration, the Chief Vigilance Officer inspected the Board’s elephant management, and a health report dated 11 October 2023 was placed on record by the Board, followed by annexures detailing the elephants’ conditions. The Veterinary Surgeon from the Rinderpest Mobile Unit reported the elephants to be in sound health with some curable infirmities, and the vigilance report found no ill-treatment. On 27 November 2023, an additional 6th respondent was added as per court order. After hearing submissions, the Division Bench concluded that no further action beyond adherence to the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 (and its predecessors) and the court’s directives was required. The court extracted and reiterated guidance from Prema Kumar P. v. Travancore Devaswom Board and Sreekumar v. Travancore Devaswom Board, emphasizing veterinary controls, documentation, fitness certificates, and serious compliance with Rule 4 and Section 51 of the Wildlife (Protection) Act, 1972. The DBP is disposed of accordingly, with directions to ensure ongoing welfare and maintenance of the elephants.”

Provisions of Law Cited

Wildlife (Protection) Act, 1972 – Section 64(2)Wildlife (Protection) Act, 1972 – Section 51Kerala Captive Elephants (Management and Maintenance) Rules, 2012Kerala Captive Elephants (Management and Maintenance) Rules, 2003Rule 4 (Kerala Captive Elephants Rules, 2012)Sub-rule (1) of Rule 4Sub-rule (17) of Rule 4Sub-rule (18) of Rule 4

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner/petitioners (Suo Motu) contended there was a lack of care in the management of elephants owned by the Cochin Devaswom Board, highlighting complaints and photographs to urge enforcement of welfare standards and statutory rules for captive elephants. They pressed for accountability and stricter adherence to welfare norms under the Wildlife Act and Kerala rules, seeking proactive measures to ensure proper care and oversight.

Contentions of Respondents

The respondents argued that there was no ill‑treatment and that the elephants were reported to be in sound health by veterinary authorities. They submitted health reports and vigilance inspections, asserting compliance with Kerala Captive Elephants Rules and the directions of this Court in prior cases. They requested closure of the matter with continued monitoring and strict adherence to the rules (noting the 2012 Rules and the 2003 rules) and relying on veterinary care and regulatory oversight as adequate to address concerns.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Sreekumar v. Travancore Devaswom Board2005 (1) KLT 43PositiveCourt relies on the directions in Sreekumar to remind the respondents of their responsibilities under the captive elephants regime.
Prema Kumar P. v. Travancore Devaswom Board and others2022 (6) KHC 90PositiveCourt uses the Prema Kumar decision to extract directions and guide the ongoing compliance framework for elephant welfare.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** ## **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **MONDAY, THE 11[TH] DAY OF DECEMBER 2023/ 20TH AGRAHAYANA, 1945 DBP NO. 100 OF 2023** _**COCHIN DEVASWOM BOARD-LACK OF CARE TO ELEPHANTS**_ ## **PETITIONER:** ## **SUO MOTU** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE(DEVASWOM) DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANATHAPURAM,PIN 695001.** - **2 CHIEF WILDLIFE WARDEN & PRINCIPAL CHIEF CONSERVATOR OF FORESTS(WILDLIFE) FOREST HEAD QUARTERS,VAZHUTHACAUD,THIRUVANATHAPURAM-695014.** - **3 COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY,ROUND NORTH,THRISSUR-680001.** - **4 COMMISSIONER COCHIN DEVASWOM BOARD,SWARAJ ROUND NORTH,ROUND NORTH,THRISSUR,PIN -680001.** - **5 LIVESTOCK MANAGER COCHIN DEVASWOM BOARD,OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND NORTH,THRISSUR-680001.** - **6* THE CHIEF VETERINARY OFFICER GOVERNMENT VETERINARY HOSPITAL, ERNAKULAM, PIN - 682 016.** 2 DBP No.100 of 2023 ***IS SUO MOTU IMPLEADED AS THE ADDITIONAL 6TH RESPONDENT VIDE ORDER DATED 27/11/2023 IN DBP 100/2023** **R1, R2 & R6 BY SRI S.RAJMOHAN- SR GOVERNMENT PLEADER** **R3 TO R5 BY SRI K.P. SUDHEER - STANDING COUNSEL** **- COCHIN DEVASWOM BOARD** **THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON 11.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 DBP No.100 of 2023 **ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ. -----------------------------------------------------------** ## **D.B.P.No.100 of 2023** **----------------------------------------------------------Dated this the 11[th] day of December, 2023** ## **O R D E R** ## P.G. Ajithkumar, J. This DBP is registered _suo motu_ , vide proceedings dated 05.10.2023, based on a complaint dated nil from a devotee pointing out lack of care to elephants namely, Ernakulam Sivakumar, Vadakkumnathan Chandrasekharan, Kodungallur Devidasan, Kodungallur Achuthankutty, Pazhayannur Sreeraman and Ravipuram Govindan, owned by the Cochin Devaswom Board. A few photographs are also enclosed along with the complaint. In the complaint, various allegations have been levelled against the employees of the Cochin Devaswom Board. 2. On 13.10.2023, when this matter came up for consideration, the learned Standing Counsel for the Cochin Devadwom Board submitted that the health report dated 11.10.2023 prepared by the Veterinary Surgeon regarding the 4 DBP No.100 of 2023 health condition of the elephants by name, Ernakulam Sivakumar, Vadakkumnathan Chandrasekharan, Kodungallur Devidasan, Kodungallur Achuthankutty, Pazhayannur Sreeraman and Ravipuram Govindan, shall be placed on record along with the affidavit on behalf of the 3[rd] respondent. It was further submitted that after registration of this DBP, the Chief Vigilance Officer had conducted an inspection in regard to the maintenance of elephants under the management of the Board. 3. On 27.11.2023, the learned Standing Counsel for the Cochin Devaswom Board placed on record an affidavit dated 24.11.2023 on behalf of the 3[rd] respondent-Board producing therewith Annexures R3(a) to R3(d). As regards the health of the elephant Vadakkumnathan Chandrasekharan, certain issues were pointed out. It was submitted that the said elephant was under the treatment of the Veterinary Surgeon, Rinderpest Mobile Unit, Thrissur. 4. On 30.11.2023, the learned Senior Government Pleader along with a memo dated 29.11.2023 submitted the 5 DBP No.100 of 2023 report dated 29.11.2023 of the additional 6[th] respondent-Chief Veterinary Officer, who held an inspection and examination of elephants in terms of the direction of this Court dated 27.11.2023. 5. Heard the learned Senior Government Pleader and the learned Standing Counsel for the Cochin Devaswom Board. 6. The complaint was essentially regarding lack of care in the management of the elephants, namely, Ernakulam Sivakumar, Vadakkumnathan Chandrasekharan, Kodungallur Devidasan, Kodungallur Achuthankutty, Pazhayannur Sreeraman and Ravipuram Govindan. In Ext.R3(b) report, the Veterinary Surgeon, Rinderpest Mobile Unit, Thrissur, who was appointed as the Elephant Consultant by the Board, as per Ext.R3(a) order, furnished the details regarding the conditions of those elephants. As per the report, those elephants are of sound health, expecting some curable infirmities. It is reported that necessary treatments are being given to the elephants for such infirmities. From the report of the Vigilance 6 DBP No.100 of 2023 Officer, Ext.R3(c), it is seen that there was no ill-treatment of any elephant. 7. Having considered the aforesaid facts and circumstances and the submissions at the Bar, we are of the view that no further action in the matter is required, except directing respondent Nos.2 to 5 to strictly follow the Kerala Captive Elephants (Management and Maintenance) Rules, 2003 and the directions issued by this Court in **Sreekumar v. Travancore Devaswom Board [2005 (1) KLT 43]** and **Prema Kumar P. v. Travancore Devaswom Board and others [2022 (6) KHC 90]** . The following directions and observations in **Prema Kumar** are extracted for reminding respondent Nos.3 to 5 about their responsibilities in the matter of maintenance and the degree of care to be taken concerning the elephants under their management. “15. The Kerala Captive Elephants (Management and Maintenance) Rules, 2012 is one made by the State, in exercise of the powers conferred by sub-section (2) of Section 64 of the Wildlife (Protection) Act, 1972 and in supersession of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003. Rule 4 of 7 DBP No.100 of 2023 the said Rules deals with upkeep and veterinary care of the elephant. As per sub-rule (1) of Rule 4, for taking care of each elephant, the owner thereof shall engage a mahout having at least three years of experience in managing an elephant. As per sub-rule (17) of Rule 4, while issuing medical certificate, the Veterinary Doctor should verify the original documents such as ownership certificate of the elephant, (if received from forest department) microchip certificate, insurance certificate and original elephant data book to ensure the correctness. The Veterinary Doctor shall issue the health certificate of the elephant in the prescribed format shown as Appendix I. As per sub-rule (18) of Rule 4, before any captive elephant is transported from one place to another, the Veterinary Doctor shall inspect the elephant and issue a Fitness Certificate in the form given in Appendix II. 18. Section 51 of the Wildlife (Protection) Act, 1972, deals with penalties. As per sub-section (1) of Section 51, any person who contravenes any provision of this Act (except Chapter VA and section 38J) or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to twenty-five thousand rupees or with both.” 8 DBP No.100 of 2023 This DBP is disposed of accordingly. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/-** **P.G. AJITHKUMAR, JUDGE** dkr 9 DBP No.100 of 2023 ## **APPENDIX OF DBP 100/2023** ## **RESPONDENT ANNEXURES** |**ANNEXURE R3(C)**|**TRUE**<br>**COPY**<br>**OF**<br>**REPORT**|**NO.**| |---|---|---| ||**868/VIG/CDB/2023**<br>**DATED**<br>**11/10/2023**|| ||**SUBMITTED BY THE CHIEF VIGILANCE**|| ||**OFFICER, CDB TO THE 4TH RESPONDENT.**|| |**ANNEXURE R3(A)**|**TRUE COPY OF ORDER ON A6. 10805/2014**|| ||**DATED 04/04/2016 ISSUED BY THE**|**4TH**| ||**RESPONDENT**|| |**ANNEXURE R3(B)**|**TRUE COPY OF HEALTH REPORT **|**OF**| ||**ELEPHANTS OF THE 3RD RESPONDENT DATED**|| ||**11/10/2023**<br>**SUBMITTED**<br>**BY**|**DR.**| ||**P.B.GIRIDAS.**|| |**ANNEXURE R3(D)**|**TRUE COPY OF ORDER DATED 12/01/2023**|**IN**| ||**DBP NO. 2 OF 2023 PASSED BY THIS**|| ||**HONOURABLE COURT.**||