D.B.P.No. 99 of 2018 - In the Matter of Travancore Devaswom Board (Suo Motu)

## **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 20[TH] DAY OF MARCH 2023 / 29TH PHALGUNA, 1944 D.B.P.NO. 99 OF 2018** **IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB PROCEEDINGS INITIATED - REG.** **------------** ## **PETITIONER:** **SUO MOTU** ## **RESPONDENTS:** - **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF FORESTS, THIRUVANANTHAPURAM.** - **2 PRINCIPAL CHIEF CONSERVATOR OF FORESTS KERALA FOREST DEPARTMENT, VAZHUTHACAUD, THIRUVANANTHAPURAM.** - **3 THE TRAVANCORE DEVASOM BOARD NANTHENCODE** - **4* ANIMAL LEGAL FORCE INTEGRATION PULLUVAZHI P.O., PERUMBAVOOR, ERNAKULAM, REPRESENTED BY GENERAL SECRETARY ANGELS NAIR.** - **5** MANIKKUTTAN @ MANIKANTAN AGED 49 YEARS S/O VELAYUDHAN, ALAYIL KIZHAKKATHIL VEEDU, MANAKKARA MURI, SASTHAMCOTTA VILLAGE, KOLLAM DISTRICT.** 2 D.B.P.No. 99 of 2018 **6*** LATHA I SECRETARY, PEOPLE FOR ANIMALS (PEA) TRIVANDRUM CHAPTER, 'KARTHIKA', ANAYARA, THIRUVANANTHAPURAM-695029. 7**** CHITHRA IYER MANAGING TRUSTEE, SOCIETY FOR ELEPHANT WELFARE (SEW), AKSHAYA, VENGATTOMPALLY THAZHAVA, KARUNAGAPALLY. 8***** THE WILDLIFE WARDEN THIRUVANANTHAPURAM WILDLIFE DIVISION, FOREST COMPLEX, PTP NAGAR, VATTIYOORKKAVU PO, THIRUVANANTHAPURAM – 695013.** **9****** THE ASSISTANT CONSERVATOR OF FORESTS ELEPHANT REHABILITATION CENTRE (ERC) PROJECT, KAPPUKAD, KOTTOOR P.O., THIRUVANANTHAPURAM-695 574 10****** THE SPECIAL OFFICER ELEPHANT REHABILITATION CENTRE (ERC) PROJECT, KAPPUKAD, KOTTOOR P.O., THIRUVANANTHAPURAM-695 574. *ADDITIONAL R4 IMPLEDED AS PER ORDER DATED 31.01.2019 IN I.A.1 OF 2018. **ADDITIONAL R5 IMPLEADED AS PER ORDER DATED 31.01.2019 IN I.A.NO.3 OF 2018. ***ADDITIONAL R6 IMPLEADED AS PER ORDER DATED 31.01.2019 IN I.A.NO.1 OF 2019. ****ADDITIONAL R7 IMPLEADED AS PER ORDER DATED 31.01.2019 IN I.A.NO.2 OF 2019 *****IS SUO MOTU IMPLEADED AS ADDL.R8 VIDE ORDER DATED 08.03.2022. ******ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 9 AND 10 VIDE ORDER DATED 07/06/2022 IN DBP 99/2018.** 3 D.B.P.No. 99 of 2018 **BY ADVS.** **R1,R2, R8, R9 BY SRI NAGARAJ NARAYAN - SPL GOVERNMENT PLEADER (FORESTS)** **R3 BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD R4 BY SRI.ANGELS NAIR(Party-In-Person) R5 BY SRI.V.PREMCHAND R6 BY SRI.ANIL SIVARAMAN R6 BY SMT.RAJI VINCENT** ## **OTHER PRESENT:** **SRI K.R.RAGHUNATH -AMICUS CURIAE** **THIS DEVASWOM BOARD PETITION HAVING COME UP FOR FINAL HEARING ON 23.02.2023, THE COURT ON 20.03.2023 DELIVERED THE FOLLOWING:** 4 D.B.P.No. 99 of 2018 ## **O R D E R** ## P.G. Ajithkumar, J. This D.B.P. was initiated suo motu as per the proceedings dated 11.12.2018. The circumstances in which the proceedings was initiated are stated in the said proceedings as follows: “The sad plight and sufferings of an elephant by name Neelakandan of Sasthamcotta Sree Dharmasastha Temple under the Travancore Devaswom are brought to the notice of this Court; as it appeared in one of the news channels (electronic media). It is seen from the pictures placed and procured that serious injuries have been caused/inflicted to the two rear legs. There is some injury to the front left leg as well. The elephant is chained by its rear legs and the chains are in close contact with the wounds which appear to be of quite bad shape and condition. It is alleged that no proper remedial measures are being taken by the Devaswom Board to provide proper treatment or rest; correctness of which is, however, to be ascertained.” 2. On 12.12.2018, the learned Standing Counsel for Travancore Devaswom Board and the learned Government Pleader took notice and sought time to get instructions. On 5 D.B.P.No. 99 of 2018 12.12.2018 a statement was filed on behalf of the Travancore Devaswom Board explaining the health condition of the tusker, Sasthamkotta Neelakantan. Additional respondents 4 to 10 were impleaded as per various orders. 3. Various orders were issued by this Court for ensuring proper and timely treatment to the tusker. On 10.11.2019, the learned Standing Counsel for Travancore Devaswom Board reported that the treatments being administered were yielding results and there was improvement in the health condition. However, the need to have expert treatment was felt. The learned counsel appearing for additional respondent No.6 reported regarding the availability of rehabilitation centre in Uttar Pradesh and therefore this Court directed the Travancore Devaswom Board to get instructions regarding feasibility of taking Sasthamcotta Neelakantan to the said rehabilitation centre. Report was filed in that regard. Subsequently, on the basis of the submissions of the additional respondent No.8 and also the Standing Counsel for the Travancore Devaswom Board, this Court 6 D.B.P.No. 99 of 2018 considered the possibility of taking the elephant to the Elephant Rehabilitation Centre at Kottoor in Thiruvananthapuram. As per the order dated 24.06.2019, after hearing the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and the additional 4th respondent, who appeared in person, and the respective counsel appearing for the additional respondents, this Court ordered to take the elephant to the Rehabilitation Centre, Kottoor. The order reads,- 2. We have carefully gone through the statements/ affidavits and also heard the learned counsel appearing on both sides and Sri.Angels Nair, in person. The pleadings of the parties and the various photographs available on record would reveal the pathetic plight of the elephant Sasthamcotta Neelakandan. They would invariably suggest that it is experiencing excruciating pain. Though the party in person as also additional 6th and 7th respondents are not satisfied with the present facilities in Elephant Rehabilitation Centre at Kappukadu, Kottoor in Thiruvananthapuram district (for brevity, 'Kottoor Centre') and they suggest that for better treatment, the aforesaid elephant has to be taken to Wildlife SOS Elephant Hospital, Mathura in Uttar Pradesh 7 D.B.P.No. 99 of 2018 (for brevity, 'Mathura Centre'). At present, we are not persuaded to accept the request of the parties to issue direction to take the elephant to Mathura Centre. The Hospital at Mathura situates about 2500 Kilometers away from Sasthamcotta whereas Kottoor Centre in Kerala is hardly 120 Kilometers away from Sasthamcotta. Taking into account the health condition of the aforesaid elephant, we have no hesitation to hold that make the elephant to undertake a long and arduous journey of 2500 Kilometers may ultimately turn fatal and it may endanger the very life of the elephant. But, at the same time, immediate doctoring at a specialised centre is indispensable. Hence, we are of the view that the elephant is to be shifted from the present place at Sasthamcotta to Kottoor Centre. We are persuaded to form such an opinion taking note of various other aspects, as well. Certainly, Sasthamcotta Neelakandan is accustomed and habituated with the climatic conditions in Kerala. Going by the affidavit filed by the Chief Wildlife Warden, Kottoor Elephant Rehabilitation Centre is having an extent of 124 acres of land bordering natural forest for elephant rehabilitation and at present, there are 18 elephants there. It also reveals that the basic housing facility for the elephants available there is mounted with enclosures and is having trenches on all four sides with minimum 1 acre to 1.5 acres for each elephant, depending on its size. Paragraph 17 of the 8 D.B.P.No. 99 of 2018 statement would reveal that a separate veterinary hospital is attached to the Kottoor Elephant Rehabilitation Centre and a full time veterinary doctor is available there. In the said statement, the 2nd respondent too admitted the fact that hydrotherapy is a good rehabilitation methodology and for giving hydrotherapy, facility is available in Kottoor Elephant Rehabilitation Centre as it situates near Neyyar Reservoir. It is stated that there is actually a big lagoon which is part of the catchment area of Neyyar Reservoir available for the said purpose. It is also stated therein that the elephants are being taken for bathing and swimming in Kottoor Centre in groups to provide opportunity for socializing and from the mounted enclosures, its distance is only between 100 to 200 metres. It is also stated therein that while being taken for bathing and swimming, a light chain is used to hobble around one leg. It is specifically stated therein that what is being used is not a heavy chain to ensure that it would not interfere with the free movement of the elephant concerned. The 2nd respondent also made it clear that this is being done in such a manner only to give the elephant concerned a psychological feeling that it is under control or restraint.” 4. Ever since Sasthamkotta Neelakantan was taken to the Rehabilitation Centre, Kottoor, it had been undergoing 9 D.B.P.No. 99 of 2018 treatment there. This Court issued various directions regarding its treatment and also regarding the necessity to depute qualified Doctors and necessary staff to the Veterinary Hospital in the Rehabilitation Centre, Kottoor. The authorities concerned reciprocated positively to the said directions and Veterinary Doctor and staff were deputed. Necessary treatments were provided to the elephant. However, while undergoing treatment there, the elephant died on 29.12.2019. There arose allegations that there was shortfall and shortcomings in providing treatment and providing care to the elephant at Rehabilitation Centre, Kottoor. Therefore, this Court as per the order dated 06.01.2020 directed the Secretary, Department of Forest to conduct an enquiry to verify whether there occurred any lapse or laches in taking care and giving treatment to the elephant. A report was accordingly filed. After considering that report, this Court on 15.07.2020 ordered as follows:- “This DBP pertains to the tusker by name 'Sasthamkotta Neelakandan'. The said tusker was taken to Kottoor Elephant Rehabilitation Centre pursuant to an order 10 D.B.P.No. 99 of 2018 passed by this Court on 24.6.2019. While undergoing treatment, the said tusker died. It is alleged that, though a panel of doctors were appointed for giving special attention, no proper care and attendance was given to the tusker. We have called for a report from the authority concerned to deal with the said issue and pursuant to which a report was also filed. On going through the same and the earlier reports, we find that there is shortfall and shortcoming in the matter of providing treatment and care facilities during rehabilitation in Kottoor Centre. It is to be noted that, admittedly, 18 elephants are there in Kottoor Centre. It is also a fact that situations may arise compelling other elephants to be brought to this centre for rehabilitation. Obviously, no other elephant rehabilitation centre is available in Kerala. Hence, it is highly essential to improve the facilities available in Kottoor Centre. The earlier orders passed by this Court would reveal that at one point of time, there was no veterinary doctor available to attend the aforesaid tusker. Such situations shall not recur. We are stressing on the need to have a permanent doctor and adequate staff to assist him in the rehabilitation centre. In such circumstances, respondents 1 and 2 are directed file affidavit indicating the suggestions and proposals, if any, to improve the facilities in Kottoor Rehabilitation Centre. Such an affidavit shall be filed on or before 11.8.2020.” 11 D.B.P.No. 99 of 2018 In terms of the said direction, affidavits and statements were filed on behalf of 1st respondent. Counter affidavit and additional affidavits were filed by the additional 8th respondent also. 5. The additional 4th respondent, who was appearing in person, filed an affidavit dated 26.07.2021. In reply to that affidavit, additional 8th respondent filed reply affidavits. Considering the rival contentions with respect to the slow progress in the implementation of project of Elephant Rehabilitation Centre, this Court as per order dated 23.12.2021 appointed Sri.Raghunath K.R., a lawyer of this Court, as Amicus Curiae for inspecting the Elephant Rehabilitation Centre, Kottoor and submitting a report before this Court as to the facilities available there. The officials of the Forest Department and the Travancore Devaswom Board as well as the General Secretary of the additional 4th respondent were directed to the present at the time of inspection at 11.00 a.m. on 15.01.2022. 12 D.B.P.No. 99 of 2018 6. The learned Amicus Curiae in terms of the said direction conducted an inspection at 11.00 a.m. on 15.01.2022. The learned Amicus Curiae after conducting a detailed inspection has submitted an elaborate and illustrative report dated 01.02.2022 before this Court. The report is appended with photographs of various facilities provided in the Rehabilitation Centre, various facilities under construction and a few elephants and calves rehabilitated in the centre. 7. The additional 4th respondent filed an affidavit dated 27.02.2022 raising a few objections to the report of the Amicus Curiae and making some suggestions regarding matters in which steps are required to be taken by the authorities. He would contend that the Amicus Curiae concentrated on collecting data on matters having less importance. He even alleged that the photographs captured by the Amicus Curiae did not figure him. The suggestions he made include steps to speed up the implementation of the project, to avoid corruption and also steps to avoid cruelty to the elephants and calves. 13 D.B.P.No. 99 of 2018 8. The captioned D.B.P. came to be registered _suo motu_ on coming across the sad plight of an elephant by name 'Sasthamcotta Neelakandan' of Sasthamcotta Sree Dharma Sastha Temple under the Travancore Devaswom Board. By proceedings dated 11.12.2018 the Registry was directed to place the matter on judicial side. In this DBP, this Court has issued various orders. The Tusker namely, 'Sasthamcotta Neelakandan' was taken to Elephant Rehabilitation Centre, Kottoor, pursuant of the orders of this Court dated 24.06.2019. The said Tusker died while undergoing treatment. 9. In the order dated 15.07.2020, on going through the report from the authority concerned, this Court found that there was shortfall and shortcoming in the matter of providing treatment and care to 'Sasthamcotta Neelakandan' during rehabilitation in Kottoor Centre. In the said order this Court found that it is highly essential to improve the facilities available in Kottoor Centre, which is the only Elephant Rehabilitation Centre in Kerala. That was how this Court 14 D.B.P.No. 99 of 2018 initiated measures, including appointment of the Amicus Curiae, to check whether the scheme for setting up the Elephant Rehabilitation Centre, Kottoor was being implemented in a proper manner. 10. On 08.03.2022 when this matter came up for consideration the learned Special Government Pleader (Forest) pointed out that, based on an incorrect statement made by the additional 4th respondent on the directions contained in the order of this Court dated 23.12.2021, a news item appeared in an online media on 25.12.2021, wherein it is stated that this Court has ordered an enquiry on the corruption alleged in the constructions undertaken at Kottoor Elephant Rehabilitation Centre. 11. The 4th respondent, who has been appearing in person was directed to file an affidavit explaining the facts and circumstances in which such an incorrect news item appeared in online media on 25.12.2021 regarding the order of this Court dated 23.12.2021. In obedience to the order 05.04.2022, the additional 4th respondent has filed an additional affidavit dated 15 D.B.P.No. 99 of 2018 12.06.2022. He has stated how the news item appeared in the online media. In the additional affidavit dated 12.06.2022, he tried to explain away the liability in publicising such a news item in the online media. He would take a stand that he only had given copies of the documents and the news was articulated by the online media in accordance with their ingenuity. We are not satisfied with that explanation. This Court had initiated the suo motu proceedings, deputed the Amicus Curiae and issued various directions in order to ensure due care and rehabilitation of the elephants. No one is expected to make use of such matters to satisfy their own interest; in no account, to satisfy one's publicity mania. When a person causes to publish a judicial proceeding or any stage thereof wrongly or in a distorted manner, that amounts to criminal contempt entailing penal action. We, however, refrain from proceeding further in that matter, since we do not want to distract the attention of the authorities, who are expected to implement the scheme of Elephant Rehabilitation Centre in a prompt, efficient and transparent manner. 16 D.B.P.No. 99 of 2018 12. The additional 8th respondent filed a reply affidavit and also an additional affidavit with reference to the report of the learned Amicus Curiae, in which several shortfalls in the construction, which are underway and the facilities in the Rehabilitation Centre were pointed out. An additional affidavit was filed by the additional 4th respondent also. 13. Heard the learned Special Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and the learned Amicus Curiae. 14. The additional 4th respondent, who was appearing in person, did not turn up when the matter was taken up for final hearing. The learned counsel appearing for respondent Nos.5 to 7 also did not choose to appear to make their submissions. 15. The tusker Sasthamkotta Neelakantan died on 29.12.2019 while undergoing treatment in the Rehabilitation Centre, Kottoor. This D.B.P. was initiated on finding that proper treatment was not being provided to the elephant and the resultant sad plight of it. In terms of the order of this 17 D.B.P.No. 99 of 2018 Court the elephant was taken to the Elephant Rehabilitation Centre at Kottoor, Thiruvananthapuram and provided necessary treatment under the supervision of Doctors having expertise. The elephant, however, succumbed to the ailments. As ordered by this Court, the Secretary, Department of Forests held an enquiry and submitted a report dated 10.03.2020. It was reported that the treatment provided to the elephant was in line with nationally accepted practices. No serious lapse on the part of the authorities concerned in the matter of providing treatment has been established though a few instances of shortfall and shortcomings are pointed out. Therefore, we are of the view that no action in the matter of treatment and also the death of Sasthamkotta Neelakantan is required. 16. Various shortcomings and shortfalls in the constructions of Elephant Rehabilitation Centre, Kottoor were revealed from the report submitted by the Secretary, Department of Forests. A few defects were pointed out by the additional 4th respondent. In the report of the learned Amicus 18 D.B.P.No. 99 of 2018 Curiae also, a few drawbacks have been pointed out. The additional 8th respondent in the successive affidavits and reply affidavits explained the steps being taken for ensuring proper implementation of the scheme. In the additional affidavit filed by the 8th respondent on 25.10.2022, the details of the project being implemented as phase-I has been narrated. The details stated in paragraph Nos.3 and 4 read,- “3. Phase 1 of the Project is under implementation at a cost of Rs.79.06 crores. The Project is implemented by the Special Purpose Vehicle under Forest Department. Kerala State Housing Board is the Project Management Consultant. Habitat Technology Group, Thiruvananthapuram is the Design Consultant. College of Engineering Thiruvananthapuram is the Structural Engineering Consultant of the Project. Forest road in the Elephant Area is constructed under the technical support of KIIFB Technical Wing supported by Indian Institute of Technology (IIT), Palakkad. A High Power Committee chaired by the Hon'ble Minister for Forests and consisting of MLA, Aruvikkara, Secretaries to Government, Head of Forest Force, Chief Wildlife Warden and other officials as members monitor the progress of works every month. Construction works are often affected by the adverse climatic conditions and 19 D.B.P.No. 99 of 2018 nonavailability of certain materials like particular steel sections, roofing shingles etc. Considering these facts, the High Power Committee held on 24.08.2022 has extended the contract period of construction works upto 31.12.2022. 1. Present stage of construction of various facilities for elephants: |Veterinary Hospital|Building completed. The hospital which<br>functioned in temporary facility is already<br>shifted to the new building.| |---|---| |Quarantine Centre|Two buildings have been completed. Started<br>functioning.| |Elephant Enclosure 3|For single elephant. Tethering shed and fencing<br>completed. Started occupying.| |Elephant Enclosure 4|For single elephant. Tethering shed completed,<br>Fencingwork completed| |Elephant Enclosure 5|For 8 elephants. Tethering shed completed.<br>Fencing completed.| |Elephant Enclosure 6|For single elephant. Tethering shed completed.<br>Fencingcompleted| |Elephant Enclosure 7|For four elephants. Tethering shed completed.<br>Fencing completed| |Elephant Enclosure 8|For single elephant. Tethering shed completed.<br>Thatching of tethering shed ongoing. Fencing<br>completed| |Elephant Enclosure 9|For four elephants. Tethering shed completed.<br>Fencingwork started.| |Elephant Enclosure 10|For single elephant. Tethering shed completed.<br>Fencing nearing completion| |Elephant Enclosure 11|For four elephants. Tethering shed completed.<br>Fencingnearingcompletion.| |Elephant Enclosure 12|For single elephant. Tethering shed under<br>construction. Fencing work ongoing.| |Elephant Enclosure 13|For five elephants. Tethering shed under<br>construction. Fencingwork ongoing.| 20 D.B.P.No. 99 of 2018 |Elephant Enclosure 14|For single elephant. Tethering shed under<br>construction. Fencingwork ongoing.| |---|---| |Enclosure 24|For elephants captured from the conflict areas<br>and for elephants in musth. Two kraals<br>constructed. Construction of Two numbers of<br>tethering shades are progressing| |Forest road in Elephant<br>area|Earth work completed. Work of culverts in<br>progress. Work of retainingwall in progress.| |ERC Boundary Fencing|Length 5 kilometers, work in progress. Nearly 2<br>km. to be completed.| |Night shelters for<br>Mahouts in the<br>Elephant area|Four numbers. 2 numbers completed. 2<br>numbers under construction.| |Dormitory for mahouts|For 40 beds. Under construction, 40%<br>completed.| |Mahout family quarters|16 units – Nearingcompletion.| |Renovation of Mahout<br>family quarters|8 units – Nearing completion.| |Elephant dung<br>recyclingunit|Under construction, 90% completed.| |Post mortem unit and<br>crematorium|Under construction.| |Procuring speciality<br>trucks for transporting<br>elephants (Elephant<br>Ambulance)|Work awarding stage.| |Planting of seedlings|6000 numbers of one year old seedlings of site<br>specific species were raised at site. Nearly 3500<br>seedlings planted at various locations. Balance<br>seedlings will be planted near the construction sites.| ## 2. Administrative, Residential and Visitor related facilities: |Entrance Plaza|Completed| |---|---| |Admin Office|Completed| |Research and TrainingCentre|Finishingworks pending| |Hostel for Trainees (men)|Completed| 21 D.B.P.No. 99 of 2018 |Hostel for Trainees (women)|Completed| |---|---| |Dining Block for Hostel|Completed| |Elephant Natural History Museum|60% completed| |Cafeteria|95% completed| |Toilet Block|Completed| |Sewage and Solid Waste disposal|Contract awarding stage| |Water retention ponds|Work started| |Electrification including sub-station,<br>electronic equipments, public address<br>system, surveillance system etc.|Works in progress| |Water supply arrangements including water<br>treatment plant.|Works in progress| 4. Presently tethering sheds with thatching grass roof is provided for completed tethering sheds. So also the Kraals are completed and as stated above nearly 3500 seedlings planted at various locations. True copies of the photographs showing the completed Tethering sheds with thatching grass roof are produced herewith and marked as Annexure-XLIII, Annexure-XLIV and Annexure-XLV. True copy of the photograph of the kraal is produced herewith and marked as Annexure-XLVI. True copies of some photographs of the 3500 seedlings planted are produced herewith and marked as Annexure -XLVII, Annexure-XLVIII, AnnexureXLIX, Annexure-L and Annexure-LI” 17. From the said narration, it is seen that the authorities of the Forest Department, particularly, the 8th respondent have been taking necessary care in 22 D.B.P.No. 99 of 2018 implementation of the said project. We, however, remind all the official respondents that any kind of lapse or lag in the implementation of the said project shall be viewed very seriously and invite stringent actions. We are of the view that no directions in the matter of implementation of the project is required to be given in this D.B.P. and therefore we proceed to dispose of this D.B.P. 18. Regarding the care and caution to be taken in the matter of management of captured elephants, this Court had issued directions in **Prema Kumar P. v. Travancore Devaswom Board and others [2022 (6) KHC 90]** . The directions and observations therein are extracted below:- “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 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 23 D.B.P.No. 99 of 2018 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.” 19. We direct that the official respondents and all the persons in charge of the Rehabilitation Centre, Kottoor shall strict abide the said directions and the Rules contained in Kerala 24 D.B.P.No. 99 of 2018 Captive Elephants (Management and Maintenance) Rules, 2003 in the matter of managing and maintaining the elephants and calves rehabilitated in the said centre. 20. The learned Amicus Curiae put in serious efforts in visiting the Elephant Rehabilitation Centre, Kottoor and submitting an exhaustive report before this Court. The said report helped a lot the authorities of the forest department to take effective and corrective steps in the implementation of the project of Rehabilitation Centre. In consideration of the efforts so put in, we direct the 2nd respondent to pay an amount of Rs.30,000/- (Rupees thirty thousand only) as honorarium to the learned Amicus Curiae. With the aforesaid directions, this D.B.P. is disposed of. **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/P.G. AJITHKUMAR, JUDGE** dkr 25 D.B.P.No. 99 of 2018 ## **APPENDIX OF DBP 99/2018** ## **RESPONDENT ANNEXURES** **ANNEXURE I TRUE COPY OF THE REPORT DATED 7.12.2018 ISSUED BY THE ASSISTANT FOREST VETERINARY OFFICER.** **ANNEXURE II TRUE COPY OF THE REPORT DATED 14.08.2015 SUBMITTED BY THE COMMITTEE OF DOCTORS TO THE TRAVANCORE DEVASWOM BOARD.** ## **ANNEXURE III** - **TRUE COIPY OF THE LETTER DATED 07.12.2018 FORWARDED BY THE DEPUTY DEVASWOM COMMISSIONER TO THE DEVASWOM COMMISSIONER.** **ANNEXURE IV TRUE COPY OF THE REPORT DATED 12.12.2018 PREPARED BY THE VETERINARY OFFICER, TDB.** **EXHIBIT R4(A) TRUE COPY OF REGISTRATION CERTIFICATE DATED 07.11.2018.** - **EXHIBIT R4(B)** - **TRUE COPY OF COMPLAINT DATED 06.12.2018 FILED BEFORE THE SI OF POLICE, SASTHAMCOTTA POLICE STATION.** - **EXHIBIT R4(C) TRUE COPY OF RECEIPT ISSUED FROM THE SASTHAMCOTTA POLICE STATION DATED 06.12.2018.** - **EXHIBIT R4(D)** **TRUE COPY OF COMPLAINT DATED 07.12.2018 BEFORE THE CONSERVATOR OF FOREST, KOLLAM.** **EXHIBIT R4(E)** **TRUE COPY OF COMPLAINT DATED 10.12.2018 SUBMITTED TO THE 3RD RESPONDENT.** 26 D.B.P.No. 99 of 2018 **EXHIBIT R4(F) TRUE COPY OF NEWS ITEM APPEARED IN MATHRUBHOOMI E-PAPER KOLLAM EDITION DATED 31.07.2015.** **EXHIBIT R4(G) CD SHOWING THE MOVEMENT AND BATHING OF NEELAKANTAN.** **EXHIBIT R4(H) TRUE COPY OF THE NEWS ITEM APEPARED IN THE INDIAN EXPRESS E-PAPER ON DATED 11.08.2018.** **EXHIBIT R5(A) TRUE COPY OF COMPLAINT SUBMITTED BEFORE THE DEVASWOM COMMISSIONER ON 29.07.2015. EXHIBIT R5(B) TRUE COPY OF THE REPORT SUBMITTED TO THE DEVASWOM BOARD DATED 14.08.2015.** **ANNEXURE A1 TRUE COPY OF PHOTOGRAPH ANNEXURE A2 TRUE COPY OF PHOTOGRAPH ANNEXURE A3 TRUE COPY OF PHOTOGRAPH ANNEXURE A4 TRUE COPY OF LETTER DATED 13.12.2018. ANNEXURE 1 TRUE COPY OF LETTER DATED 06.12.2018. ANNEXURE 2 TRUE COPY OF LETTER DATED 15.12.2018. ANNEXURE 3 TRUE COPY OF APPLICATION UNDER RTI ACT.** **ANNEXURE I TRUE COPY OF THE ORDER APPOINTING THE EXPERT COMMITTEE FOR EXAMINATION OF THE ELEPHANT. ANNEXUER II TRUE COPY OF REPORT DATED 18.12.2018. ANNEXURE III TRUE COPY OF THE FINAL REPORT DATED 07.01.2019. ANNEXURE IV TRUE COPY OF THE REPRESENTATION OF PRESIDENT, TDB.** 27 D.B.P.No. 99 of 2018 ## **ANNEXURE V** **TRUE COPY OF THE LETTER DATED 31.01.2019.** **ANNEXURE VI** **PHOTOGRAPHS OF THE MOUTED ENCLOSURE OF THE ELEPHANT WITH ROOF SHELTER.** **ANNEXURE VII** **PHOTOGRAPHS OF THE ELEPHANTS IN THE KOTTOR CENTRE FLOATING AND WIMMING IN NATURE CONDITIONS IN THE NATURAL LAGOON ATTACHED TO THE KOTTOR CENTRE.** **ANNEXURE VIII** **PHOTOGRAPHS OF THE ELEPHANTS IN OPEN GRAZING IN GROUPS.** **ANNEXURE IX TRUE COPY OF THE NEWS REPORTS DATED 04.12.2018 PUBLISHED IN TIMES OF INDIA.** **ANNEXURE X TRUE COPY OF THE NEWS REPORTS DATED 29.12.2018 PUBLISHED IN VRINDAVAN TODAY.** **ANNEXURE XI** **TRUE COPY OF FUND RAISER FOR NGO IN THE WEBSITE HTTPS://WWW.IMPACTGURU.COM/FUNDRAISER/ HELP-WEBLIFE-SOS RAISING FUNDS IN SHORT TIME IN THE NAUTR EOF ACH ELEPHANT IN THE MATHURA ELEPHANT CARE CENTRE.** ## **ANNEXURE XII** ## **ANNEXURE XIII** **THE WEBSITE PAGES OF WILDLIFE SOS ELEPHANT CARE CENTRE, MATHURA SOLICITING OF FUNDS AND CONTRIBUTIONS IN THE NAME OF ELEPHANT CARE. TRUE COPY OF RELEVNT PAGE OF THE WEBSITE OF TRIP ADVISOR ACCESSED ON 04.04.2019.** 28 D.B.P.No. 99 of 2018 ## **ANNEXURE XIV** **TRUE COIPY OF THE RELEVANT PAGE OF THE TOUR WEBSITE TRIPHOBO.COM ACCESED ON 05.04.2019 SHOWING TICKET CHARGE FOR VISINT MATHURA CENTRE RS.1,500/- PER PERSON.** ## **ANNEURE XV** - **TRUE COPY OF THE LETTER OF THE CHIEF FOREST VETERINRY OFFICER DATED 19.12.2019 TO THE CHIEF WILDLIFE WARDEN REPORTING THE RESULTS OF EXAMINATION OF THE ELEPHANT NEELAKANTAN.** - **ANNEURE XVI PHOTOGRAPH OF THE ELEPHANT NEELKANDAN BEING EXAMINED ON 19.12.2019 BY THE CHIEF VETERINARY OFFICER & ASSISTANT FOREST VETERINARY OFFICER (I/C), KOTTOOR** - **ANNEURE XVII PHOTOGRAPH OF THE ELEPHANT NEELKANDAN BEING EXAMINED ON 19.12.2019 BY THE CHIEF VETERINARY OFFICER & ASSISTANT FOREST VETERINARY OFFICER (I/C), KOTTOOR.** - **ANNEURE XVIII PHOTOGRAPH OF THE ELEPHANT NEELKANDAN BEING EXAMINED ON 19.12.2019 BY THE CHIEF VETERINARY OFFICER & ASSISTANT FOREST VETERINARY OFFICER (I/C), KOTTOOR** - **ANNEURE XIX PHOTOGRAPH OF THE ELEPHANT NEELKANDAN BEING EXAMINED ON 19.12.2019 BY THE CHIEF VETERINARY OFFICER & ASSISTANT FVO (I/C), KOTTOOR** ## **ANNEURE XX** - **PHOTOGRAPH OF THE ELEPHANT NEELKANDAN BEING EXAMINED ON 19.12.2019 BY THE CHIEF VETERINARY OFFICER & ASSISTANT FVO (I/C), KOTTOOR** 29 D.B.P.No. 99 of 2018 **ANNEURE XXI TRUE COPY OF THE POSTMORTEM EXAMINATION REPORT DATED 03.01.2020. EXHIBIT R6(A) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(A1) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(A2) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(A3) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(B) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(B1) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(B2) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(C) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(C1) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(C2) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(D) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(D1) TRUE COPY OF PHOTOGRAPH EXHIBIT R6(D2) TRUE COPY OF PHOTOGRAPH ANNEXURE V TRUE COPY OF THE REPORT DATED** **TRUE COPY OF THE REPORT DATED 19.12.2019 ALONG WITH PHOTOGRAPHS FORWARDED BY THE DEVASWOM VETERINARY OFFICER.** ## **ANNEXURE VI** **TRUE COPY OF THE REPORT DATED 27.12.2019 ALONG WITH PHOTOGRAPHS FORWARDED BY THE DEPUTY DEVASWOM COMMISSIONER, HARIPAD AND THE DEVESWOM VETERINARY OFFICER.** ## **ANNEXURE VII** **TRUE COPY OF THE REPORT DATED 30.12.2019 FORWARDED BY THE DEPUTY DEVASWOM COMMISSIONER, HARIPAD ALONG WITH THE REPORT OF THE DEVASWOM VETERINARY OFFICER.** 30 D.B.P.No. 99 of 2018 **ANNEXURE A TRUE COPY OF THE REPORT DATED 10.03.2020 OF THE SECRETARY, FOREST DEPARTMENT.** **ANNEXURE XLI TRUE COPY OF THE REPORT ON THE ENDOTHELIOTROPIC HERPES VIRUS (EEHV) OUTBREAK IN ELEPHANT REHABILITATION CENTRE, KOTTOOR AND DIFFERENT PROTOCOLS ADOPTED TO CONTROL THE OUTBREAK DATED 03.07.2021.** **ANNEXURE XLII TRUE COPY OF STANDARD OPERATING PROCEDURE (SOP) DATED 2021. ANNEXUER XXII TRUE COPY OF PHOTOGRAPH OF THE HAND REARING CENTRE. ANNEXURE XXIII TRUE COPY OF PHOTOGRAPH OF ELEPHANT QUARATINE BLOCK. ANNEXURE XXIV TRUE COPY OF PHOTOGRPH OF THE NEW VETERINARY HOSPITAL BLOCK. ANNEXURE XXV TRUE COPY OF PHOTOGRAPH OF THE NEW VETERINARY HOSPITAL BLOCK. ANNEXURE XXVI TRUE COPY OF PHOTOGRAPH OF THE NEW VETERINARY HOSPITAL BLOCK. ANNEXURE XXVII TRUE COPY OF PHOTOGRAPH OF OLD ELEPHANT CLINIC WHICH IS NOW USED FOR STORAGE OF MEDICINES.** **ANNEXURE XXVIII TRUE COPY OF THE PHOTOGRAPH OF VETERINARY NEW TETHERING SHEDS ALREADY COMPLETED. ANNEXURE XXIX TRUE COPY OF THE PHOTOGRAPH OF VETERINARY NEW TETHERING SHEDS ALREADY COMPLETED.** 31 D.B.P.No. 99 of 2018 ## **ANNEXURE XXX** **TRUE COPY OF PHOTOGRAPH OF ELEPHANTS FORAGING IN OPEN SPACE.** **ANNEXURE XXXI** **TRUE COPY OF PHOTOGRAPH OF ELEPHANTS FORAGING IN OPEN SPACE.** **ANNEXURE XXXII TRUE COPY OF PHOTOGRAPH OF ELEPHANTS FORAGING IN OPEN SPACE.** - **ANNEXURE XXXIII TRUE COPY OF PHOTOGRAPH OF ELEPHANTS IN OPEN TETHERING AREAS.** - **ANNEXURE XXXIV TRUE COPY OF PHOTOGRAPH OF ELEPHANTS IN OPEN TETHERING AREAS.** - **ANNEXURE XXXV TRUE COPY OF PHOTOGRAPH OF ELEPHANTS IN OPEN TETHERING SHEDS.** - **ANNEXURE XXXVI TRUE COPY OF PHOTOGRAPH OF ELEPHANTS IN OPEN TETHERING SHEDS.** - **ANNEXURE XXXVII TRUE COPY OF PHOTOGRAPH OF ELEPHANTS BATHING IN OPEN SPACE.** - **ANNEXURE XXXVIII TRUE COPY OF PHOTOGRAPH OF ELEPHANTS BATHING IN OPEN SPACE.** - **ANNEXURE XXXIX TRUE COPY OF PHOTOGRAPH OF ELEPHANTS BATHING IN OPEN SPACE.** - **ANNEXURE XL TRUE COPY OF PHOTOGRAPH OF ELEPHANTS BATHING IN OPEN SPACE.** - **ANNEXURE-XLIII TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE COMPLETED TETHERING SHEDS WITH THATCHING GRASS ROOF** - **ANNEXURE-XLIV TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE COMPLETED TETHERING SHEDS WITH THATCHING GRASS ROOF.** 32 D.B.P.No. 99 of 2018 ## **ANNEXURE-XLV** **TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE COMPLETED TETHERING SHEDS WITH THATCHING GRASS ROOF.** **ANNEXURE-XLVI TRUE COPY OF THE PHOTOGRAPH OF THE KRAAL.** **ANNEXURE-XLVII TRUE COPIES OF SOME PHOTOGRAPHS OF THE 3500 SEEDLINGS PLANTED. ANNEXURE-XLVIII TRUE COPIES OF SOME PHOTOGRAPHS OF THE 3500 SEEDLINGS PLANTED. ANNEXURE-XLIX TRUE COPIES OF SOME PHOTOGRAPHS OF THE 3500 SEEDLINGS PLANTED. ANNEXURE-L TRUE COPIES OF SOME PHOTOGRAPHS OF THE 3500 SEEDLINGS PLANTED. ANNEXURE L1 TRUE COPIES OF SOME PHOTOGRAPHS OF THE 3500 SEEDLINGS PLANTED.**