The petitioner has approached this Court for following reliefs:
(i) Declare that the petitioner need not get any permission from the respondents to purchase an elephant from any other state in India and to bring the animal to State of Kerala in the light of Section 43(2) of the Wild Life Protection Act, 1972.
(ii) Issue a writ in the nature of Mandamus or any other appropriate, writ, order or direction directing the respondents not to obstruct the petitioner in transporting or transferring an elephant purchased from any state in India to the state of Kerala on condition that the petitioner will report the transfer or transport of the elephant to the Chief Wild Life Warden or Authorised Officer within whose jurisdiction the transfer or transport is affected.
2. This Court in Ext.P3 judgment held that for purchasing an Elephant from outside the State, no permission is required from the State. The petitioner has to WP(C).No.30364/2014-U.
2 obtain permission from such authority of the State from where he intends to obtain the Elephant. However, if he brings the elephant from outside the State, the petitioner has to intimate to the Chief Wild Life Warden or Authorised Officer within the jurisdiction of transfer or transport is effected in terms of Section 43(2) of the Wild Life (Protection) Act. In view of the above, the petitioner is free to obtain ownership from outside the State from any person, and certificate of ownership has to be obtained from that State from where he intends to obtain ownership of the elephant. However, the petitioner shall intimate the Chief Wild Life Warden or Authorisied Officer within the jurisdiction of transfer or transport is effected.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
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