The petitioner is a Society established for prevention of cruelty to animals. The petitioner approached this Court seeking direction to respondents to ensure that the provisions of the Performing Animals (Registration)Rules 2001 are enforced and implemented with regard to Captive Elephants used for rides. The petitioner also seeks declaration that the action of the respondents in permitting Elephant Rides using Captive Elephants without taking registration under the Performing Animals(Registration)Rules 2001 is arbitrary and illegal. It is submitted that the authorities failed to observe the above rules. 2. A counter affidavit has been filed by the 2nd respondent. Paragraph 5 of the counter affidavit reads as follows:
“With reference to the averments contained in paragraph 4 of the writ petition, it is submitted that the Captive Elephants are managed under the Kerala Captive Elephants(Management and Maintenance) Rules 2012. the 4th respondent, the Deputy Director, Periyar Tiger Reserve, Idukki does not maintain any departmental elephant. Ext.P1 was erected to avoid cheating of tourists by private owners of elephants. The rate fixed for elephant ride in G.O.(Rt) No.31/2013/F&WLD dt. 16/1/2013(Ext.P2) is kept in abeyance till the departmental elephants are registered under the Performing Animals (Registration) Rules 2001 with the Animal Welfare Board of India. By letter dated 22/4/2014, the 2nd respondent directed the concerned officers to stop using of elephants under their jurisdiction as performing animals till the elephants are registered under the Performing animals (Registration)Rules, 2001. A true copy of the above letter dated 22/4/2014 of the 1st respondent is produced herewith and marked as Exhibit R2(e). “
3. It is stated in paragraph 7 of the counter affidavit that the Kerala Forest and Wildlife Department has registered 160 cases relating to cruelty to elephants, under the Kerala Captive Elephants(Management and Maintenance) Rules . Therefore, the authorities seems to have vigilant in the matter. However, they shall ensure implementation of provisions of the Performing Animals(Registration) Rules 2001 referred above and take appropriate action in the matter as and when it is warranted.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.