SEKAR REPORTER

Court News from Madras High Court

Temple case In view of the submission made by learned Additional Advocate General to the effect that the respondents are not going to send back the temple elephants to Assam and that the respondents would take care of the temple elephants in the best possible manner, we do not find reason to give any further direction to the respondents to take care of the temple elephants. In such view of the matter, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.24062 of 2022 is closed. (M.D., ACJ.)           (S.M., J.). For the Petitioner       : Mr.M.R.Dhalapathy Vignesh Kumar For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.Arun Natarajan Special Government Pleader for 1st respondent and assisted by Mr.P.Muthukumar State Government Pleader for respondents 2 to 4 ORDER

by · Published · Updated

 

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:  15.09.2022

CORAM :

THE HON’BLE MR.M.DURAISWAMY, ACTING CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE SUNDER MOHAN

W.P.No.25120 of 2022

N.Sivaganesan                                       .. Petitioner

Vs

  • The Secretary to Government

Hindu Religious and Charitable Endowment Department      Government of Tamil Nadu

Fort St. George, Chennai – 600 009.

  • The Secretary to Government

Department of Environment, Climate Change and Forests      Government of Tamil Nadu

Fort St. George, Chennai – 600 009.

  • The State Level Captive Elephant

Welfare Committee (SLCEWC)      St. George Fort, Secretariat       Chennai – 600 009.

  • The District Level Captive Elephant

Welfare Committee (DLCEWC)

St. George Fort, Secretariat

Chennai – 600 009.    .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to continue to retain the 9 temple elephants 1.Moni @ Akila,  2.Pohili Boomadevi, 3.Bhagyawati @ Abirami, 4.Prerona,  5.Joon @ Sundaravalli,

6.Bhogeswari @ Ramalakshmi, 7.Joymala @ Jayamalyatha  8.Makhani @ Sundaravalli Nachiar and 9. Monimala  in their respective temples permanently and its care and maintenance and consequently direct the respondents herein to take all measures in accordance with law for more upkeep in the welfare and maintenance of the temple elephants in the State of Tamil Nadu.

For the Petitioner       : Mr.M.R.Dhalapathy Vignesh Kumar

For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.Arun Natarajan Special Government Pleader for 1st respondent and

assisted by Mr.P.Muthukumar State Government Pleader for respondents 2 to 4

  1. ORDER

(Order of the Court was made by the Hon’ble Acting Chief Justice)

The petitioner has filed the above writ petition as a public interest litigation seeking issuance of a writ of mandamus directing the respondents to continue to retain the nine temple elephants mentioned in the petition in their respective temples permanently for

its care and maintenance and to consequently direct the respondents to take all measures in accordance with law for more upkeep in the welfare and maintenance of the temple elephants in the State of Tamil Nadu.

  1. It is the case of the petitioner that a video-clipping was circulated alleging harassment caused to an elephant in one of the temples in the State of Tamil Nadu and, hence, the Government of Assam is taking steps to take back the temple elephants gifted by

the individuals in Assam.

  1. When the writ petition is taken up for hearing, Mr.J.Ravindran, learned Additional Advocate General appearing on behalf of the respondents, on instructions, submitted that the respondents have no intention to send back the temple elephants to Assam and that they are taking care of the temple elephants in the

best possible manner.

  1. In view of the submission made by learned Additional Advocate General to the effect that the respondents are not going

to send back the temple elephants to Assam and that the

respondents would take care of the temple elephants in the best possible manner, we do not find reason to give any further direction

to the respondents to take care of the temple elephants.

In such view of the matter, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.24062

of 2022 is closed.

(M.D., ACJ.)           (S.M., J.)

15.09.2022

Index : No sasi

To:

  • The Secretary to Government

Hindu Religious and Charitable Endowment Department      Government of Tamil Nadu

Fort St. George, Chennai – 600 009.

  • The Secretary to Government

Department of Environment, Climate Change and Forests      Government of Tamil Nadu

Fort St. George, Chennai – 600 009.

  • The State Level Captive Elephant

Welfare Committee (SLCEWC)      St. George Fort, Secretariat       Chennai – 600 009.

  • The District Level Captive Elephant

Welfare Committee (DLCEWC)      St. George Fort, Secretariat       Chennai – 600 009.

M.DURAISWAMY, ACJ

AND

SUNDER MOHAN,J.

(sasi)

 

W.P.No.25120 of 2022

 

15.09.2022

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