Suresh Babu & Anil Kumar v State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 22[ND] DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 WP(C) NO. 14400 OF 2023** ## **PETITIONERS:** |**1**|**SURESH BABU**| |---|---| ||**AGED 52 YEARS**| ||**S/O.CHELLAPPAN NAIR, PANANTHANATHIL HOUSE,**| ||**ITHITHANAM KARA, KURICHI VILLAGE, CHANGANASSERY**| ||**TALUK, KOTTAYAM DISTRICT, PIN - 686535**| |**2**|**ANILKUMAR**| ||**AGED 47 YEARS, S/O.PARAMESWARAN PILLAI,**| ||**MANGALASSERY HOUSE, MALAKUNNAM PO, CHANGANASSERY,**| ||**KOTTAYAM, PIN - 686535**| **BY ADVS. THAREEQ ANVER K. MEENA.A. VINOD RAVINDRANATH** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,**| ||**THIRUVANANTHAPURAM, PIN - 695001**| |**2**|**DISTRICT COLLECTOR**| ||**CIVIL STATION, KOTTAYAM, PIN - 686002**| |**3**|**DIRECTOR GENERAL OF POLICE**| ||**PATTOM PALACE PO, THIRUVANANTHAPURAM, PIN - 695001**| |**4**|**THE DISTRICT SUPERINTENDENT OF POLICE**| ||**OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE,**| ||**KOTTAYAM, PIN 686 002., PIN - 686016**| 2 W.P.(C) No.14400 of 2023 - **5 THE DIVISIONAL FOREST OFFICER OFFICE OF THE DIVISIONAL FOREST OFFICER, KUMARANELLOOR, KOTTAYAM, PIN 686 016., PIN - 686002** - **6 DISTRICT MONITORING COMMITTEE KOTTAYAM, REPRESENTED BY ITS CHAIRMAN AND DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM, PIN 686 002., PIN - 686552** - **7 ITHITHANAM ELAMKAVU TEMPLE MANAGING COMMITTEE THROUGH ITS PRESIDENT K.J. RAJ MOHAN, S/O RAMAN NAIR, ELAMKAVU DEVASWOM, MALAKUNNAM PO, CHANGANASSERY, KOTTAYAM DISTRICT, PIN 686 552.** **BY ADVS. Sajith Kumar V. VIVEK A.V.(K/000531/2017) GODWIN JOSEPH(K/001422/2018) RONIT ZACHARIAH(K/1123/2021) AKHIL VINAYAN(K/1814/2020)** ## **OTHER PRESENT:** ## **SRI S.RAJMOHAN - SR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 W.P.(C) No.14400 of 2023 ## **J U D G M E N T** ## P.G.Ajithkumar, J. The petitioners are devotees of Ithithanam Elamkavu Temple in Kurichi Village in Changanassery Taluk. Ithithanam Elamkavu Temple is a public temple. The temple is presently administered by a committee formed as per Ext. P1 trust deed. Annual festival of the temple in 2023 is from 15th April to 24th April. The main attraction of the festival is 'Gaja Mela' which is scheduled to be held on 23.04.2023. About 25 to 30 elephants are used to be paraded before the large crowd assembled in the temple compound. After arranging them in a row, one by one will be made to raise the head by hitting at their mandible and height of each elephant is measured. The elephant having maximum height will be selected to carry the "thidamba" in the "Seva" conducted in the evening. 2. The petitioners allege that Gaja Mela is conducted without taking proper safety measures and also without properly following the Rules framed in that regard. Though representations were filed before respondents 2 to 5, no 4 W.P.(C) No.14400 of 2023 action was taken. When the 6[th] Respondent granted permission for the conduct of "Gaja Mela" as per Order dated 10.03.2023, the petitioners approached this Hon'ble Court by filing W.P.(C) 12688 of 2023. By Ext. P6 judgement proceedings dated 10.03.2023 was set aside the District Monitoring Committee was directed to reconsider the request for permission to parade elephants strictly in terms of the statutory requirements and also the law laid down by this Hon'ble Court in **Prema Kumar P v. Travancore Devaswom Board and others [2022 (6) KHC 90].** Accordingly, the 6th Respondent conducted a personal hearing on 18.4.2023 at 11 am and passed Exhibit P7 order granting permission to parade 22 elephants. The petitioners would allege that the District Monitoring Committee without considering the directions of this Court in Exhibit P6 judgment issued Ext. P7 order. Hence they filed this Writ Petition seeking the following reliefs: “i) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the 2[nd] Respondent to 5 W.P.(C) No.14400 of 2023 ensure that no parading of elephants shall be conducted in Ittithanam Elamkavu Temple" without ensuring that all steps required strictly in terms of the statute and also the law laid down by this Hon'ble Court in **Prema Kumar P [2022(6) KHC 90],** pending disposal of this Writ Petition (Civil). ii) Issue a writ of certiorari or any other appropriate writ, order or direction and call for the records leading to Ext.P7 and quash the same.” 3. When this matter came up for admission on 20.04.2023, this Court directed the 7[th] respondent to ensure that parading of elephants pursuant to Ext.P7 is conducted strictly in accordance with the conditions mentioned therein and also the provisions of the Kerala Captive Elephants (Management and Maintenance) Rule, 2012. Similar directions were issued to the members of the District Monitoring Committee, Kottayam, the 6[th] respondent. 4. A counter affidavit has been filed on behalf of the 5[th] respondent - the Divisional Forest Officer, Kottayam. In the counter affidavit, the steps taken while considering the 6 W.P.(C) No.14400 of 2023 request of the 7[th] respondent for permission to parade elephants during Gajamela on 24.03.2023 at Ittithanam Elamkavu Devi Temple are stated in detail. It is further averred that directions contained in Ext.P6 judgment and also in **Prema Kumar P v. Travancore Devaswom Board and others [2022 (6) KHC 90]** were strictly followed while considering the request of the 7[th] respondent and granting permission for parading 22 elephants as per Ext.P7. Para No.16 to 19 in the counter affidavit read as follows: 16. It is submitted that the District Committee had taken into consideration the statutory requirements and the directions given by the Honorable Court in **Prema Kumar P [2022 (6) KHC 90]** so far as the festival in question is concerned. The Exhibit P7 is a speaking document, and it can be seen that no concession had been given therein to divert from the Rules. Also, the same does not dilute the stringency of the statutory provisions governing the subject. As pointed out above, the directions given in the Exhibit P7 document are only supplementary to the statutory provisions governing the 7 W.P.(C) No.14400 of 2023 subject. They do not supersede the rules further, the 5[th] respondent is the Assistant Conservator of Forests. Social Forestry Division, Kottayam. The Forest Officials under him are empowered to take cognizance of the issue, if any violation of the Captive Elephants Management and Maintenance Rules, 2012, the provisions of the Wildlife Protection Act, 1973, or other relevant laws governing the subject. 17. It is submitted that the Captive Elephant Management and Maintenance Rules, 2012, do not ban the use of elephants in festivals. As per standing orders, the festivals which were in existence in 2012, shall be allowed to continue. Therefore, the festival in dispute, which the petitioner admits to have started in 2001, is eligible to continue. Also, the respondents have taken all safety measures for conducting the festival. 18. It is submitted that there is no lack of space in the temple premises as alleged by the petitioners. The Chief Conservator of Forests, Biodiversity Cell, as per letter No. KFDHQ 1017/2020 dated 07.01.2020, had consented the procession of elephants in festivals which had started before 2012. There was adequate space for accommodating 22 elephants. The 6th respondent had 8 W.P.(C) No.14400 of 2023 taken into consideration, in addition to the report of the Special Branch, all aspects of the issue, including its social, religious and recreational aspects, before issuing permission. 19. From the facts narrated in the foregoing paras, it may kindly be, seen that the permission granted as per the Exhibit P7 document for parading 22 elephants at the disputed Ithithanam temple festival is as per the existing laws governing the subject and orders and directions issued by the Honourable Court. There is no violation of statutory provisions, no harm caused to the animals and fortunately, the festival was conducted safely. The festival was conducted between 15 and 24 April, 2023, without causing harm to any animals or human beings. Therefore, the WPC has become infructuous.” 5. The Deputy Collector, Kottayam, who is the Chairman of a District Monitoring Committee, Kottayam filed a counter affidavit dated 24.07.2023 on behalf of respondent Nos.2 and 6. It is contended by the 2nd respondent that special care has been taken by the Monitoring Committee keeping in mind the directions in Ext.P6 judgment and also 9 W.P.(C) No.14400 of 2023 the stipulations in rule 10 of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, while passing Ext.P7 order. Paragraph nos.15 to 19 in the counter affidavit read as follows: “15. It is true that the temple officials, elephant owners and mahouts also had participated in the meeting conducted on 18.04.2023. But, the petitioner also was invited for the hearing. They were given opportunity to present their case before the District Level Committee, In fact, they have presented their case well before the Committee, and the Committee have taken the arguments of the petitioners into consideration while according sanction for the festival. Therefore, the petitioners have no reason to complain about the hearing conducted on 18.04.2023. Even though the petitioners have mentioned about a report of the Special Branch about the potential risk of engaging elephants, they have not produced copy of the report. In the absence of production of copy of the report, the allegation cannot sustain. Further, as per the Captive Elephant Management and Maintenance Rules, 2012, the District Committee is empowered to allow procession of elephants in festivals, 10 W.P.(C) No.14400 of 2023 considering the various relevant aspects of the issue. 16. It is submitted that the District Committee had taken into consideration the statutory requirements and the directions given by the Honorable Court in **Prema Kumar P (2022 (6) KHC 90** ] so far as the festival in question is concerned. The Exhibit P7 is a speaking document, and it can be seen that no concession had been given therein to divert from the Rules. Also, the same does not dilute the stringency of the statutory provisions governing the subject. As pointed out above, the directions given in the Exhibit P7 document are only supplementary to the statutory provisions governing the subject. They do not supersede the rules further, the 5 respondent is the Assistant Conservator of Forests, Social Forestry Division, Kottayam. The Forest Officials under him are empowered to take cognizance of the issue, if any violation of the Captive Elephants Management and Maintenance Rules, 2012, the provisions of the Wildlife Protection Act, 1973, or other relevant laws governing the subject. 17. It is submitted that the Captive Elephant Management and Maintenance Rules, 2012, do not ban the use of elephants in festivals. As per 11 W.P.(C) No.14400 of 2023 standing orders, the festivals which were in existence in 2012, shall be allowed to continue. Therefore, the festival in dispute, which the petitioner admits to have started in 2001, is eligible to continue. Also, the respondents have taken all safety measures for conducting the festival. 18. It is submitted that there is no lack of space in the temple premises as alleged by the petitioners. The Chief Conservator of Forests, Biodiversity Cell, as per letter No. KFDHQ 1017/2020 dated 07.01.2020, had consented the procession of elephants in festivals which had started before 2012. There was adequate space accommodating 22 elephants. The 6[th] respondent had taken into consideration, in addition to the report of the Special Branch, all aspects of the issue, including its social, religious and recreational aspects, before issuing permission. 19. From the facts narrated in the foregoing paras, it may kindly be seen that the permission granted as per the Exhibit P7 document for parading 22 elephants at the disputed Ithithanam temple festival is as per the existing laws governing the subject and orders and directions issued by the Honourable Court. There is no violation of statutory provisions, no harm caused to the 12 W.P.(C) No.14400 of 2023 animals and fortunately, the festival was conducted safely. The festival was conducted between 15 and 24[th] April, 2023, without causing harm to any animals or human beings. Therefore, the WPC has become infructuous.” 6. Respondent No.7 filed a counter affidavit. The allegations leveled in regard to the conduct of Gaja Mela in Ithithanam Elamkavu Temple are denied. It is contended that in 2012 in which year the Kerala Captive Elephants Rules were framed the 7th respondent was granted permission for parading 35 elephants and a certificate in that regard was issued. The allegation that selection based on the height by raising head of the elephants participating in the parade is baseless. Parading of elephants is conducted as part of the annual festival. Area of the temple premises is around 6 acres. 100 acres of paddy field surrounds the temple and during the festival period this paddy field remains dry. Therefore there is sufficient space for the safe parading of elephants. The 7[th] respondent further would contend that other temples including Kuttikattu Devi Temple participate in 13 W.P.(C) No.14400 of 2023 the Gaja Mela and as those temples are not impleaded, this writ petition is bad for non joinder of necessary parties. 7. The 7[th] respondent would contend further that permission has been granted to parade more elephants in many other temples. Hence Ext.P7 does not suffer from any infirmity. The 2[nd] petitioner was the patron of Jyothirgamaya Seva Samithi which was allowed to conduct annadhanam in the temple. Recently, the permission was rescinded. Due to that enmity he, on 16.04.2023, attacked officer bearers of the temple, regarding which, a criminal case has been initiated. Out of that grudge only the petitioners came with this writ petition. The 7[th] respondent filed an additional affidavit as well. 8. Heard the learned counsel appearing for the petitioner, the learned Senior Government Pleader and the learned counsel appearing for the 7[th] respondent. 9. The petitioners filed W.P.(C) No.12688 of 2023 seeking to quash proceedings dated 10.03.2023 issued by the District Monitoring Committee allowing the 7th respondent to 14 W.P.(C) No.14400 of 2023 parade 25 elephants during the annual festival scheduled to be held on 23.04.2023. After hearing both sides, this Court allowed W.P.(C) No.12688 of 2023 vide Ext.P6 judgment dated 13.04.2023 and set aside the said proceedings which was produced therein as Ext.P5. The operative part of Ext.P6 judgment is extracted below: "In the above circumstances, Ext.P5 proceedings dated 10.03.2023 of the District Monitoring Committee headed by the 2[nd] respondent District Collector, Kottayam, is set aside and the said Committee is directed to reconsider the request made by the 6[th] respondent Temple Managing Committee for permission to parade elephants in connection with Gaja Mela in Ithithanam Elamkavu Temple, which is scheduled to be held on 23.04.2023 strictly in terms of the statutory requirements and also the law laid down by this Court in **Prema Kumar P** **[2022 (6) KHC 90],** after affording an opportunity of being heard to the petitioners and the 6[th] respondent Temple Managing Committee. A decision in this regard shall be taken, as expeditiously as possible, at any rate, on or before 15 W.P.(C) No.14400 of 2023 19.04.2023. The District Monitoring Committee shall conduct a personal hearing on 18.04.2023 at 11.00.a.m., in which the petitioners and the authorised representative of the 6[th] respondent Temple Managing Committee, shall be personally present." 10. In obedience to the said direction, the meeting of the district monitoring committee convened on 18.04.2023 at 11 a.m. The petitioners were given an opportunity of being heard. The Committee after deliberation had issued Ext.P7 order allowing the 7[th] respondent to parade 22 elephants during the annual festival scheduled to be held on 23.04.2023. The petitioners would now contend that the District Monitoring Committee did not consider the directions in Ext.P6 judgment in its proper perspective and that by granting permission to parade 22 elephants, the committee did not ensure safety and security of the public who would throng during the festival. The learned counsel appearing for the petitioners would submit that the area of the temple compound is too small to accommodate such a large number 16 W.P.(C) No.14400 of 2023 of elephants during the festival, especially considering the fact that the temple compound is surrounded by a river. The learned counsel further would submit that necessary precautions were not taken to avoid untoward incidents and the potential danger on account of parading the elephants throughout the day was not foreseen. 11. The learned counsel appearing for the 7[th] respondent, on the other hand, would submit that every aspect of the convenience available in the temple compound was taken into account by the monitoring committee before granting permission vide Ext.P7. During the Gaja Mela, all precautionary steps are being taken and every direction in the Captive Elephants Rules is being followed scrupulously. The learned counsel further would submit that the parading of elephants is part of the customary rituals in the Temple and the devotees of Ithithanam Elamkavu Temple are so emotionally connected to the annual festival and the Gajamela. In order to preserve and protect the pomb and gaiety of the temple festival, parading of elephants is highly 17 W.P.(C) No.14400 of 2023 necessary. The learned counsel further highlighting the malafide intentions of the petitioners would contend that the writ petition is devoid of merits. 12. The essential allegation of the petitioners is that parading of elephants in Ithithanam Elamkavu Temple is held without complying with the rules and judicial directions. When the temple is represented by the 7[th] respondent, non joining of other temples or bodies from where the festival procession accompanied by elephants begin, is a baseless contention. Therefore the plea of non-joinder of necessary parties is rejected. 13. Ext.P6(a) is the application submitted seeking permission for parading elephants during the annual festival in Ithithanam Elamkavu Devi Temple. It is seen from this request that the procession in the Temple is accompanied by three elephants each from 14.04.2023 till 21.04.2023 and the procession on 20.04.2023 is in the presence of 5 elephants. Further, the kavadi, kumbhakuda processions on the festival day start from 11 points. Details of the said simultaneous 18 W.P.(C) No.14400 of 2023 procession starting from 11 points are the following: |സമ�ത�യ�ട� പ�ര|��റട���ന സല�|ആനകള�ട�<br>എണ�| |---|---|---| |1.ശ�� മഹ�പ�വ� ക�വ��<br>സ�ഘ�|ച�റവ� മ�ട� ശ��മഹ�പ�വർ<br>പ%ശത�|<br>3| |2.അമലപ(���<br>യ�വജനസമ�ജ�|അമലപ(���|3| |3.ഹഹനവ<br>പസവ�സമ�ത� ക�രട�മല|ആത�ര�ശ�മ�,ക�രട�മല|3| |4.<br>ശ��ക,ഷപസവ�സമ�ത�,<br>ച�ലച�റ|ച�ലച�റ ക�ണ�(മണ��|3| |5.ട��ൻ��ഴ<br>യ�വജനസമ�ജ�|ട��ൻ��ഴ|3| |6.����ഞ�റ<br>യ�വജനസമ�ജ�|����ഞ�റ|2| |7.മ�ട�ച�റ<br>പ�വ�വ�ല�സ�<br>ഭജനസമ�ത�|മ�ട�ച�റ,പകളൻ കവല|3| |8.ടചമ�ച�റ<br>യ�വജനസമ�ജ�,<br>ടചമ�ച�റ|കണശന���|1| |9.ശ��പ�വ�<br>യ�വജനസമ�ജ�,<br>ച�റവ�മ�ട�|ച�റവ�മ�ട�<br>മഹ�പ�വപ%ശത�|3| |10.ശ��ഭശ�<br>പസവ�സമ�ത�,ഇളങ�വ|ഇളങ�വ<br>പ�വ�പ%ശതസമ���|3| 19 W.P.(C) No.14400 of 2023 ||�റത�നത മ�(�ൽ ന�ന|| |---|---|---| |11.ശ��മഹ�പ�വ പസവ�<br>സമ�ത�|ച�റവ�മ�ട�<br>മഹ�പ�വപ%ശത�|3| 14. The program devised by the 7[th] respondent relating to the procession on 23.04.2023 are reflected from the details tabulated above. More elephants than one are paraded along with each procession. That results the requirement of 22 to 25 elephants. The 7[th] respondent does not explain the requirement of more elephants than one to accompany each such procession is a Temple ritual. The 6[th] respondent monitoring committee did not consider that aspect while issuing Ext. P7 order allowing 22 elephants for the festival. 15. In Ext.P6, this Court directed the 6[th] respondent to consider the demand of the 7[th] respondent for permission to parade elephants during the annual festival on 23.04.2023 strictly in terms of the statutory Rules and also the law laid down by this court in **Premkumar P [2022(6) KHC 90].** 16. In paragraph No.9 of the decision in **Prema Kumar P** , this Court reiterated the order dated 08.04.2022 in that 20 W.P.(C) No.14400 of 2023 case. Of course, the observations therein were regarding allotment of elephants for the festivals in temples under the management of Travancore Devaswom Board. The Board had issued directions not to allow more elephants than permitted in the yester years. The 6[th] respondent ought to have considered the rationale behind the said direction while considering Ext.R6(a) request submitted by the 7[th] respondent. 17. Sub-rule 4 of Rule 10 of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 lays down the conditions and parameters for parading of captive elephants which reads as follows: "The District Committee shall take necessary measures to ensure that the Festival Committee constituted for the smooth conduct of festivals or the persons organizing such functions in which elephants are exposed, shall adhere to the following Rules and Conditions. (i) There shall be sufficient space between elephants used in processions and parades (ii) No elephants in musth shall be used in connections with festivals. 21 W.P.(C) No.14400 of 2023 (iii) Elephant which is sick, injured, weak or pregnant shall not be used. (iv) Chains and hobbles with spikes of baths shall not be used for tethering elephants. (v)Elephant shall not be made to walk on tarred roads during hot sun for long duration without rest. (vi)Making an elephant stand in scorching sun for long duration or bursting crackers near the elephant for ceremonial purpose shall not be permitted. vii.I will it shall be ensured that sufficient food and water for the elephants are provided. (viii) The committee shall ensure that flamebest (Theevetty) are held away from elephants. (ix)There shall be facility to keep elephants under shade during hot sun. (x) It shall be ensure that adequate protection to the elephants taking part in celebrations through volunteers provided for the purpose. (xi) Services of veterinary Doctor from the elephant squads shall be ensured in cases where 5 or more elephants are engaged in the festivals (xii) It shall be informed to the nearest Forest Range Officer/ Police Officers about the proposed festival/celebrations at least 72 hours in advance. (xiii) During the time procession the elephant shall have change (Idachangala & Malachangala) tied to their leg. (xiv) It shall ensured that the mahouts are not intoxicated 22 W.P.(C) No.14400 of 2023 while handling elephants. (xv) The weaned calf below 1.5 m height shall not be engaged for festival purposes. (xvi) Sufficient rest has to be given to the elephant which are engaged for "para procession" Para procession shall be restricted to 6 am - 11 am and 4 pm - 8 pm only. (xvii) During night time, generators shall be provided to avoid any contingency due to failure of general power supply. (xviii) It shall be ensured that elephants are brought under public liability insurance scheme for an amount of Rs. 3.lakhs to each elephant. ## 18. The directions issued by this Court in **Prema Kumar P [2022 (6) KHC 90]** in the matter of parading of elephants read thus: "20. 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 S.64 of the Wildlife (Protection) Act, 1972. In view of the statutory provisions referred to hereinbefore and also the law laid down by this Court in **Sree Kumar, 2005 (1) KLT 43** we deem it appropriate to make the interim orders dated 04.04.2022 and 08.04.2022 absolute, by directing all concerned to ensure strict compliance of the provisions under the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, 23 W.P.(C) No.14400 of 2023 while parading elephants in connection with temple festivals, functions, etc. The provisions under Rule 10 of the said Rules shall be complied with in letter and spirit by all concerned and any person, who contravenes the provisions of the said Rules, shall be dealt with appropriately, as provided under S.51 of the Wildlife (Protection) Act." 19. As pointed out above, the 7[th] respondent sought permission to parade 25 elephants and the 6[th] respondent accorded permission to parade 22 elephants. As pointed out above, the 7[th] respondent did not substantiate the requirement of 3 elephants each to accompany the procession that starts from each of the 11 points. Rather, existence of such a religious or customary ritual connecting to the annual festival in Ithithanam Elamkavu Devi Temple is not pleaded or established. Hence, we find no justification or reason for parading more elephants than one from each of the 11 points from where kavadi-kumbhakuda procession starts. There is nothing on record to show that parading of more elephants along with each such procession is a religious or customary ritual connecting to the annual festival in Ithithanam 24 W.P.(C) No.14400 of 2023 Elamkavu Devi Temple. Taking that and the regulations contained in Rule 10 of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, and the directions in **Prema Kumar P [2022 (6) KHC 90]** , into account, we are of the view that maximum number of elephants that can be permitted to be paraded in Ithithanam Elamkavu Devi temple during the annual festival is 13. Accordingly, this writ petition is disposed of ordering that the maximum number of elephants that can be allowed to be paraded during the annual festival in Ithithanam Elamkavu Devi Temple shall be 13. There shall not be height measurement of elephants or selection on that basis. The 7[th] respondent shall scrupulously follow the provisions in the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 as well as the direction in **Prema Kumar P [2022 (6) KHC 90]** during the parading of elephants. It shall be the responsibility of the 7[th] respondent to ensure safety and security of the public participating in the annual festival in the Temple. Respondent Nos.2, 5 and 6 also shall ensure that 25 W.P.(C) No.14400 of 2023 the provisions in the Rules as well as directions in **Prema Kumar P** above are followed strictly during the parading of elephants. ## **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/-** **P.G. AJITHKUMAR, JUDGE** PV 26 W.P.(C) No.14400 of 2023 ## **APPENDIX OF WP(C) 14400/2023** ## **PETITIONER EXHIBITS** - **Exhibit P1 TRUE COPY OF THE REGISTERED TRUST DEED DATED 19.01.1960 OF 'LTHITHANAM ELAMKAVU TEMPLE** - **Exhibit P2 TRUE COPY OF THE PAMPHLET PUBLISHED IN CONNECTION WITH THE TEMPLE FESTIVAL** - **Exhibit P3 PHOTOGRAPHS TAKEN AT VARIOUS STAGES OF THE PERFORMANCE OF "GAJA MELA IN EARLIER YEARS** - **Exhibit P3(a) PHOTOGRAPHS TAKEN AT VARIOUS STAGES OF THE PERFORMANCE OF "GAJA MELA IN EARLIER YEARS** - **Exhibit P4 A TRUE COPY OF THE INTERIM ORDER DATED 10.4.2023 IN W.P.(C) 12688 OF 2023** - **Exhibit P5 . A TRUE COPY OF THE COUNTER AFFIDAVIT DATED 11.04.2023 FILED BY THE 6TH RESPONDENT** - **Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 13.04.2023 IN W.P.(C)12688 OF 2023** - **Exhibit P7 A TRUE COPY OF THE ORDER NO. SF 1/2086/2023 DATED NIL** - **RESPONDENT EXHIBITS** - **EXHIBIT R5(a) TRUE COPY OF THE APPLICATION SUBMITTED BY THE FESTIVAL COMMITTEE BEFORE THE 5TH RESPONDENT FOR SEEKING PERMISSION FOR PARTICIPATING 25 ELEPHANTS IN THE GAJAMELA** - **EXHIBIT R5(c) TRUE COPY OF THE MINUTES OF THE MEETING OF DISTRICT ELEPHANT MONITORING COMMITTEE HELD ON** 27 W.P.(C) No.14400 of 2023 **18/04/2023** **EXHIBIT R5(b) TRUE COPY OF THE MINUTES OF THE MEETING OF DISTRICT ELEPHANT MONITORING COMMITTEE HELD ON 10/03/2023** - **Exhibit R7(a) A true copy of the Application form and the receipt issued on 25.09.2015 by the District Monitoring Committee, Kottayam** - **EXHIBIT R6(a) TRUE COPY OF THE APPLICATION SUBMITTED BY THE FESTIVAL COMMITTEE SEEKING PERMISSION FOR PARTICIPATING 25 ELEPHANTS IN THE GAJAMELA** - **EXHIBIT R6(b) TRUE COPY OF THE MINUTES OF THE MEETING OF DISTRICT ELEPHANT MONITORING COMMITTEE HELD ON 10/03/2023** - **EXHIBIT R6(c) TRUE COPY OF THE MINUTES OF THE MEETING OF THE DISTRICT ELEPHANT MONITORING COMMITTEE HELD ON 18/04/2023**