The petitioner claims that he acquired a male elephant by name Bhola from Bihar. A certificate of ownership is produced as Ext.P1. The petitioner wants to transport the elephant from Bihar to Kerala. The petitioner approached the Chief Wild Life Warden, Vazhuthacaud, Thiruvananthapuram for seeking a permission to transport the said elephant to Thiruvananthapuram. It is on account of non-consideration of the petitioner’s request, he has approached this Court.
In law, there is no requirement to obtain a permission to transport the elephant from other State to Kerala. However, once the elephant is brought to the State, from outside the State, the petitioner has to intimate the Chief Wild Life Warden or the authorised officer within whose W.P.(C) No.30872 of 2014 2 jurisdiction the transfer or transport is effected in terms of Section 43(2) of the Wild Life Protection Act, 1972 (for short, the 'Act”). Therefore, as and when the petitioner brings the elephant from outside the State, the petitioner shall inform the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is effected. The petitioner submits that he intends to bring the elephant within the jurisdiction of the Chief Wild Life Warden, Thiruvananthapuram. Therefore, the Chief Wild Life Warden, Thiruvananthapuram shall effect transfer in terms of Section 43 (2) of the Act.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln