Gopakumar vs Travancore Devaswom Board on 8 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

DBA.No. 9 of 2009()


1. GOPAKUMAR, AGED 29 YEARS,
                      ...  Petitioner

                        Vs



1. TRAVANCORE DEVASWOM BOARD,NANTHANCODE,
                       ...       Respondent

2. THE DEVASWOM COMMISSIONER,TRAVANCORE

3. THE SECRETARY, TRAVANCORE DEVASWOM

4. THE DEPUTY DEVASWOM COMMISSIONER,

5. THE CHIEF CONSERVATOR OF FOREST,

6. THE STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.D.SOMASUNDARAM

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :08/07/2010

 O R D E R
                            P.R. RAMAN &
                       P.S. GOPINATHAN, JJ.
                      = = = = = = = = = = = = = =
                       D.B.A. NO. 9 OF 2009
                      = = = = = = = = = = = = =

          DATED THIS, THE 8TH DAY OF APRIL, 2010.

                               O R D E R

Raman, J.

The Ombudsman, in Report No. 107 of 2009 in DBA 9 of 2009,

after due enquiry, has made certain suggestions with regard to the

maintenance of elephants and the care to be taken thereto, which are as

follows:

“On prayer No.1, it is suggested that
instead of forming a separate department, a
seniormost Veterinary Officer can be given the
charge of Manager for over all management of
all elephants under the Devaswom Board. He
can discharge his duties by implementing the
suggestions of the Veterinary Officer to the
extent possible.

ii). With regard to prayer No.ii, it is
stated that application is already made for
ownership certificate to the Chief Conservator of
Forests and it is pending.

iii) With regard to prayer No. iii, daily
maintenance is already raised to Rs. 250. The
Veterinary Officer has suggested further increase
up to Rs. 450/-. Appropriate orders may be
passed by the Hon’ble High court. In this

DBA 9/2009 2

connection, it is noticed that the Devaswom Board
has vast extent of land within the temple
compounds. Some of the temple compounds are
having 8 acres and most of the lands are not at all
put to any use. In such compounds leaving
sufficient space for all temple rituals and festivals
still there will be lot of space for planting palm
trees and fodder greens. The Devaswom Board
may be directed to take steps to plant palm trees in
such lands so that expenses to elephants can be
reduced after a few years.

vi. With regard to prayer No. iv, it is stated
that there are two mahouts for each elephant
already appointed.

v). With regard to prayer No.v. proper
medical treatment is given and the Manager to be
appointed can be directed to see it to that proper
medical treatment is given to all the elephants.

vi. With regard to prayer No.vi, the
suggestion of the Veterinary Officer may be
accepted to rent out the Devaswom elephants
based on a sealed tender system and making it a
condition that the elephants will be transported
only as per 2003 Rules.

vii. Prayer No. vii may not be allowed.

With regard to prayer No. viii, steps have
already taken to cut the tusks of the elephants of
the Board.”

Pending further consideration, we direct the Chief Conservator of

Forests to consider and pass appropriate orders on the application made by

DBA 9/2009 3

the Devaswom Board for ownership certificate. The maintenance amount

for each elephant be increased to Rs. 450/-. Appropriate sanction be

accorded for increasing the amount alloted for green fodder to Rs. 450/- and

the amount be expended subject to supervision by the officer concerned to

ensure that the fund is utilized for the purpose for which it is allotted.

Remaining suggestions deferred for consideration.

sd/-

P.R. RAMAN, JUDGE.

sd/-

P.S. GOPINATHAN, JUDGE.

// true copy //

P.S. To Judge.

KNC/-