Mahout Killed By Elephant: Kerala HC Calls For Report On Elephant Safaris Conducted Without Permission By Private Individuals

The Kerala High Court has taken suo motu cognizance of the case in which a mahout of an elephant being used for Safari in Idukki District, was killed by the elephant. The Court has called for a report from the Idukki District Collector on Safaris conducted by private individuals in the District and also about the compensation granted by the government to the deceased mahout. 

The Court also directed that no construction activities shall be continued at Kuruva Island for ecotourism without obtaining further orders from the Court.

A Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. ordered, “In the light of the orders issued by us regarding the conduct of the ecotourism centre at Kuruva Island, we deem it appropriate to direct that no construction activities shall be continued at Kuruva Island without obtaining further orders from this Court.”

Senior Advocates Renjith Thampan and Ramesh Babu, Special Government Pleader Nagaraj Narayanan, Standing Counsel C.K. Govindan, and Advocates V.M. Krishnakumar and Sandesh Raja appeared in this case.

A shocking incident took place where the mahout of an elephant being used for Safari in Idukki District was killed by the elephant. The Court was told that the said Safaris were totally illegal and nearly 36 elephants were used for the same across the State without any permission from any authority including the Forest Department. In this context, the Court directed the District Collector to place a report regarding the legal basis for the conduct of these so called safaries by private individuals. The District Collector was further directed to place details of any compensation that was given to the family of the deceased mahout.

It was submitted before the Court by the Senior Counsel that the elephant ‘Abhimanyu’ which was now in the custody of the Forest Department pursuant to the orders of the High Court be returned to its owner/custodian. In view of this prayer, the Court directed the projected owner/custodian to produce details of the ownership of the said elephant or the authority under which he was holding the elephant by the next date of posting. SGP submitted that the details of all the captive elephants in the State available with the Forest Department were received and the list of the elephants would be placed before the Court by the next date of posting.

The Amicus Curiae pointed out the urgent need for providing fencing in the waste dumpyard being used by the Munnar Grama Panchayath at Kallar to prevent the entry of wild elephants into the area. The Standing Counsel appearing for the Munnar Grama Panchayath submitted that there was an extreme shortage of funds to the Panchayath. The Court in this regard said –

“We have requested the Additional Advocate General to obtain instructions as to whether the funds can be provided by the Government in the first instance and on account to be adjusted against other amounts payable by the Government to the Panchayath. We also request the learned Additional Advocate General to inform us as to whether any funds available with the District Disaster Management Authority can be used for the said purpose.”

It was submitted that the sanction was accorded for construction activities worth about Rs. 2 crores for the purposes of ecotourism at the Kuruva Island. Hence, the Court directed the Additional Advocate General to obtain urgent instructions as to how such sanction was granted for construction activities.

“The Kerala Police Housing and Construction Corporation Ltd, Chandrasekharan Nair Stadium, Palayam, Thiruvananthapuram – 695033 and K.J. Raphel, Kuruppassery House, Arattuthara Mananthavady, Wayanad District, are suo motu impleaded as additional respondents 69 and 70 in the Writ Petition and also in this I.A. Sri.Sandesh Raja the learned counsel for the applicant is directed to serve a copy of the Interlocutory Application to Sri.C.K.Govindan, who is stated to be the learned Standing counsel for the Kerala Police Housing and Construction Corporation Ltd. Issue notice by speed post to the additional respondent No.70”, the Court also ordered.

Accordingly, the High Court posted the case on July 5, 2024.

Cause Title- In Re: Bruno (Suo Motu) Public Interest Litigation

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