WP(PIL)/99/2017 of T DHANGOPALRAO Vs SECRETARY ( MINISTRY) AND 2 OTHERS on 30 December 2021

1. The Union of lndia, through^its Secretary, tr/inistry of Environment and Forest,z. ^ Paryavaran.Blravan, CGO Comptex, Loiifri Ine ljtate o[ lelanoana. Represented by its Roaa'ruew Delhi Chief Secretary, - 1 Secretariat,10003Hyderabad3. The state of Andhra Pradesh,, Represented by its chief secretary, secretariat,Velgapudi, Guntur, Andhra Pradesh.

...RESPONDENTS

Petition under Article 226 ot lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, lhe High Court may be pleased toissue writ, ,order or direction more particularly, one in thb nature of Writ of Mandamusissue writ, ,order or direction more particularly, one in thb nature of Writ of Mandamusdeclaring the inaction of the Respondents 1 to 3 and the[.failure to protect theElephants in pursuance of the Directions issued by the Hon'ble Supreme Court oflndia in the matters of Staie of Gujarat v. lt/irzapur Moti Kureshi Kassab Jamat,(2005) 8 SCC 534, at page 567 pr 49, lntellectual's Forum Tirupathi v. State of A.P.,Elephants in pursuance of the Directions issued by the Hon'ble Supreme Court oflndia in the matters of Staie of Gujarat v. lt/irzapur Moti Kureshi Kassab Jamat,(2005) 8 SCC 534, at page 567 pr 49, lntellectual's Forum Tirupathi v. State of A.P.,(2006) 3 SCC 549, at page 572, 573 & 578, Essar Oil Ltd. v. Halar Utkarsh Samiti(SCC p. 406, para 27), lndian Council for Enviro-Legal Action v. Union of lndia [(SCC]p. 296, para 31), Sansar Chand v. State of Rajasthan, (2010) 10 SCC 604, at [page]607 as illegal, arbitrary and violation of [Articles 144, ]48 A [and ][51A(G) ][of ][the]Constitution of India, Section 39 and 50 of the [Wild Life ][Protection ][Act ][and ][Various]p. 296, para 31), Sansar Chand v. State of Rajasthan, (2010) 10 SCC 604, at [page]607 as illegal, arbitrary and violation of [Articles 144, ]48 A [and ][51A(G) ][of ][the]Constitution of India, Section 39 and 50 of the [Wild Life ][Protection ][Act ][and ][Various]provisions of a),lndian Forest Act 1527, b). Forest Conservation [Act ][1981 and ][c).]Prevention of Cruelty to Animals Act 1960 and [Direct ][the Respondents ][1' ][to ][3 to]Prevention of Cruelty to Animals Act 1960 and [Direct ][the Respondents ][1' ][to ][3 to]

1. Apprise this Hon'ble Court as to [what steps have ][been ][taken ][to ][protect the]elephants in pursuance of the Directions [issued by ][the ][Hon'ble Supreme ][Court of]lndia in the matters of State of Gujarat v. [Mirzapur ][Moti ][Kureshi Kassab ][Jamat,](2005) B SCC 534, at page 567 pr 49, lntellectual's Forum [Tirupathi ][v. ][State of ][A.P.,](2006) 3 SCC 549, at [page ]572, 573 & 578, Essar [Oil ][Ltd. ][v. ][Halar Utkarsh ][Samiti](SCC p.406, para 27), lndian Council for EnviroLegal [Action ][v. ][Union ][of ][lndia ][(SCC]p.296, para 31), Sansar Chand v. State of Rajasthan, [(2010) 10 SCC 604, ][at ][page]607.

2. Direct Revocation of the certificate of [ownership of elephants ][granted ][to ][the]temples.

3. Prohibit [the ][use ][of ][elephants ][in ][any form ][of ][begging' ][pedormance ][or]

procession and [declare all ][NOCs ][and permissions given for transport ][of ][elephants ][to]be used [for ][such ][purposes ][as ][illegal ][and ][in ][violation ][of ][Section ][43 of the ][Wildlife]Protection Act, [1972.]

4. Formulateguidelinesforsuchprohibitioninconsultationwithallconcerned in the matter.

5. Direct [thdRespondents to ][keep a count ][of ][all captive elephants ][in ][the ][State]

of Telangana [and ][Andhra ][Pradesh']

6. Ensure [thal ][ttle ][requisite ][declarations and certificates ][under ][sections 40 ][and]

42 of the Wildlife [(Protection) Act,4972 ][are duly ][obtained ][by ][the ][owners']

7. lmpose an [obligation upon ][the ][State ][of ][Telangana ][& ][Andhra ][Pradesh ][to]

ensure that the [various ][temples ][in ][ihe ][State ][are ][registered with ][the ][District Committee]as per the requirements [under'Captive ][Elephants (t\/anagement ][and ][l\Iaintenance)]Rules, 2008. The temples [are ][also ][to ][mention before ][the ][District ][committee ][the]number of elephants they [will ][be using during the ][festivals']

8. Ensure that all steps, as [provided under ][the ][law, ][are taken so ][that ][the]elephants are not treated with cruelty [which ][eventually ][may ][amount ][to ][torture.]Monitor Use of elephants for ceremonial [and tourism purposes, ][issue ][of ][performance]registration, legal actions against mahouts and rescue, confiscation [and ][rehabilitation]of elephants.

9. Direct that the persons who are in possession of elephants can neither transfer the elephants outside the State nor transfer the elephants in any manner. .Counsel for the Petitioner: SRI T. DHANGOPAL RAO

PARTY IN PERSON

Counsel for Respondent No. 1: SRI N. RAJESHWAR RAOASSISTANT SOLICITOR GENERAL

Counsel for Respondent No. 2: GP FOR GENERAL ADMINISTRATION (TG)Counsel for Respondent No. 3: GP FOR GENERAL ADMINISTRATION (AP)

The Court made the following: ORDER

CERAAIYDN

WRITTION(PILI No.99 of 20t7

ORDER: (per the Horl,bte the Chif &Etice Satish Chand.ra Shama)

The present public interest litigation has been filedby the petitioner stating that the State of Telangana andthe State of Andhra pradesh be directed to ensure thatthe litigation has been filedby the petitioner stating that the State of Telangana andthe State of Andhra pradesh be directed to ensure thatthe elephants are not subjected to crueler and theelephants a-re registered with the District committee asrequired under the Captive Elephants (Management andMaintenance) Rules, 200g.required under the Captive Elephants (Management andMaintenance) Rules, 200g.

Specific instances have been brought by tJ:epetitioner regarding cruelty in respect of Sri KalahastiTemple and Temple of Lord Venkateswara at Tirumala aswell as in respect of some procession at Hyderabad i.e.,Bibi-Ka-Alarn in the old city of Hyderabad.

So far as the issue regarding Sri Kalahasti Templeand Temple of Lord Venkateswara at Tirumala areconcerned, the same fall within the territorial jurisdictionof the Andhra Pradesh High Court and therefore, it is notbeing looked into. Liberty is granted to the petitioner toz take appropriate steps in accordance with law for his [grievance ][by ][approaching ][the ][Andhra]ventilating Pradesh High [Court.]

So far as the Bibi-Ka-Alam [procession ][is ][concerned,]

it takes [place ]in Hyderabad [and ][the ][Principal ][Chief]Conservator of Forests has filed a counter [affidavit ][and ][it]has been stated that earlier the elephants were owned bythe Nizam's Trust. However, the elephants have beenhanded over by the Nizam's Trust to the Nehru ZoologicalPark, Hyderabad. The Secretary of the Nizam's Trust inhis letter dated 06.03.2010 has requested the StateGovernment to maintain the elephant [.Rajani,belonging]to the Nizam's Trust and there, are at present fiveelepharrts in the Nehru Zoological park, they are beinglooked after by the State Government and veterinar;rdoctors are also looking after them. The affidavit furtherreveals that the services of elephant ,Rajani, are beingprovided for Bonalu and Moharmm processions on therequest of Nizam,s Trust.

In the considered opinion of this Court, as theelephants are being looked after properiy, they are beinggiven proper diet and medical attention, no further ordersare required to be passed in the present public interestlitigation.

i

The present public interest litigation standsdisposed of accordingly. The miscellaneous applicationspending, if any, shall stand closed. There shall be no order as to costs.

SD/-K.SREERAMA MURTYASSISTANT REGISTRARlY-'

//TRUE COPY'

SECTION OFFICER

To,1. One CC to Sri Namavarapu Rajeswara Rao, Assistant Solicitor General (OpUC)2. lwo CCs to GP For General Administration, High Court for the State of [']Telangana. [OUT]3. Two CCs to GP For General Administration, High Court of Andhra Pradesh,Amaravathi, Guntur District [OUT]

[OUT]4, One CC to Sri T. Dhanagopal Rao, Party in person(OPUC)

5, Two CD Copies

6. One Spare CopyN/BC

* tl

ad

HIGH [COURT]

DATED: [3011212021]

'.oTE'<jL',)'4._$,i,r,!(!$"ORDERWP(PIL).No.99 of 2017

DrsPosrNG oF THE WP(PIL)

WITHOUT COSTS