JUDGMENT : ANIL K. NARENDRAN, J. 1. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking an order to constitute a high level committee to enquire into the death of an elephant by name ‘Ambalapuzha Vijayakrishnan’ owned by the 1st respondent Travancore Devaswom Board, which died on 08.04.2021. The petitioner has also sought for a writ of mandamus commanding the 1st respondent Board to initiate strict action against respondents 7 to 11 for the unnatural death of the said elephant; and a writ of mandamus commanding the 1st respondent Board to appoint qualified Veterinary Surgeons. 2. On 29.06.2021, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for Travancore Devaswom Board took notice for respondents 1 and 5. The learned Government Pleader took notice for respondents 2 to 4 and 6. Notice to respondents 7 to 11 was dispensed with. Thereafter, by the order dated 14.09.2021, this Court issued notice by speed post to respondents 7 to 11. 3. On 30.11.2021, the 3rd respondent Principle Chief Conservator of Forests (Wildlife) and the Chief Wildlife Warden, Kerala has filed a counter affidavit, wherein it is stated that, in connection with the unnatural death of the elephant ‘Ambalapuzha Vijayakrishnan’ (Microchip No. 00065DE38C), aged 52 years, a three member special team was constituted vide Ext.R3(b) proceedings dated 09.04.2021, which submitted Ext.R3(c) report dated 02.07.2021. The findings of the special team in Ext.R3(c) report are as follows: “(1) The first mahout Sri. B. Pradeep of TDB melted cruelty to “Vijayakrishnan” by torturing, and not providing adequate medical treatment for “Vijayakrishnan” which resulted in his death. Action to be initiated against the said mahout under the Wildlife (Protection) Act, 1972 and Kerala Captive Elephants (Management and Maintenance) Rules, 2012. (2) TDB officials namely, Sri. Baiju, Deputy Devaswom Commissioner, Harippad, Sri. K. Jayakumar, Asst. Devasom Commissioner, Sri. K. Manoj Kumar, Administrative Officer, Ambalappuzha Temple, Sri. Ajeesh, Second Mahout and Dr. Dr. Saseendradev Veterinarian engaged by TDB on contract basis erred in providing adequate protection and care for the elephant and hence departmental action has be initiated against them by the TDB authorities. Baiju, Deputy Devaswom Commissioner, Harippad, Sri. K. Jayakumar, Asst. Devasom Commissioner, Sri. K. Manoj Kumar, Administrative Officer, Ambalappuzha Temple, Sri. Ajeesh, Second Mahout and Dr. Dr. Saseendradev Veterinarian engaged by TDB on contract basis erred in providing adequate protection and care for the elephant and hence departmental action has be initiated against them by the TDB authorities. (3) The Assistant Conservator of Forests, Social Forestry, Alappuzha to include in his investigation the allegations that the first mahout used to bring his friends for showing how to tame the elephant “Vijayakrishnan” by beating him and also the problems between the first mahout and the former mahout Sri. Gopan. (4) Dr. Saseendradev has reported to the Devaswom Commissioner on 11.03.2018 that some of the mahouts of TDB are drunkards and are showing dereliction in care and maintenance of the elephants owned by TDB. TDB to conduct enquiry and take suitable action. (5) The elephants of TDB are continuously paraded for the festivals in the temples of TDB without rest and this has resulted in deterioration of the health of the elephants leading to death. Hence TDB to restrict the parading of the elephants to important festivals alone. (6) The Veterinary officers of the Forest Department may be entrusted to cross verify the fitness certificate for elephants as instances of issuing fitness certificates without examining the elephants were noticed. (7) Officers of the Social Forestry wing to inspect the registers of the elephants to ensure that the registers are properly updated. (8) Many of the mahouts of TDB are not having proper training or skill to maintain and care elephants and hence they may be given training by the Social Forestry wing.” 4. In Wildlife Crime (O.R. No. 1 of 2021) registered on 17.01.2022 by the office of the Social Forestry Range Office, Alappuzha, in relation to the unnatural death of the elephant ‘Ambalapuzha Vijayakrishnan’ respondents 7 to 10 herein are arrayed as the accused. In the additional affidavit filed by the 3rd respondent it is stated that, the 10th respondent herein, who was the 1st mahout of the tusker ‘Ambalapuzha Vijayakrishnan’ has not been arrested, since he is absconding. 5. The 7th respondent Deputy Devaswom Commissioner has filed a counter affidavit dated 30.11.2021, wherein it is stated that, the local custodian of the elephant ‘Ambalapuzha Vijayakrishnan, is the Sub Group Officer, Padanayarkulangara Devaswom. 5. The 7th respondent Deputy Devaswom Commissioner has filed a counter affidavit dated 30.11.2021, wherein it is stated that, the local custodian of the elephant ‘Ambalapuzha Vijayakrishnan, is the Sub Group Officer, Padanayarkulangara Devaswom. Respondents 10 and 11, who were the 1st and 2nd mahouts, without obtaining any permission, took the elephant to Thrippangott Devaswom. When it was informed to the office of the 7th respondent, he immediately directed the Sub Group Officers concerned to return the elephant to Ambalapuzha. From 04.04.2021 onwards, the elephant was not taking any food. Immediately, the 7th respondent informed the Veterinary Surgeon to examine the elephant. Accordingly, the doctors examined the elephant and treated it with medicines. However, on 08.04.2021, the health condition of the elephant became worse and it died. 6. The party respondents, namely, respondents 9 and 11 have filed individual affidavits. 7. The learned Standing Counsel for Travancore Devaswom Board has filed a statement on behalf of respondents 1 and 5, opposing the reliefs sought for in this writ petition, wherein it is stated that, though the elephant ‘Ambalapuzha Vijayakrishnan’ had some injuries, which were not serious enough to cancel the programmes. Constant attention, care and treatment has been given to the elephant. However it died on 08.04.2021, at the age of 52 years. The Board has already conducted an enquiry by its Vigilance Wing, by an officer of the rank of Superintendent of Police. The Board has also initiated steps against the officials found to be involved in dereliction of duty as disclosed in the enquiry. In addition to that, the Forest Department is also investigating the cause of death of the elephant. 8. By the order dated 04.04.2022, this Court directed all concerned to ensure strict compliance of the provisions under the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, while parading elephants in connection with temple festivals, functions, etc. It was ordered that, the provisions under Rule 10 of the said Rules shall be complied with in letter and spirit by all concerned and any person, who contravenes the provisions of the said Rules, shall be dealt with appropriately, as provided under Section 51 of the Wildlife (Protection) Act. It was ordered that, the provisions under Rule 10 of the said Rules shall be complied with in letter and spirit by all concerned and any person, who contravenes the provisions of the said Rules, shall be dealt with appropriately, as provided under Section 51 of the Wildlife (Protection) Act. By the said order, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions as to the criteria that has to be followed by allotting elephants for festivals in temples under the management of the Board, since parading of large number of elephants is the practice followed during annual festival in most of the major temples under the Devaswom. 9. On 08.04.2022, when this writ petition came up for consideration, the learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court the circular dated 22.10.1998 and proceedings dated 23.10.2000 regarding allotment of elephants for festivals in the temples under the management of the Travancore Devaswom Board. 10. The Circular No. ROC-7199/98 dated 22.10.1998 issued by the Secretary of the Travancore Devaswom Board regarding allotment of elephants for festivals in temples under the management of the Travancore Devaswom Board reads thus: 12. By the order dated 08.04.2022, in addition to the directions contained in the order dated 04.04.2022, this Court directed all concerned to scrupulously follow the conditions in circular dated 22.10.1998 and the proceedings dated 23.10.2000, insofar as it relates to the number of elephants paraded in the festivals in the temples under the management of Travancore Devaswom Board. 13. On 24.05.2022, when this writ petition came up for consideration, considering the issues involved in this writ petition, this Court suo motu impleaded the State of Kerala; Cochin Devaswom Board; Malabar Devaswom Board; Guruvayur Devaswom Managing Committee and Koodalmanikyam Devaswom as additional respondents 12 to 16 in this writ petition. 14. 13. On 24.05.2022, when this writ petition came up for consideration, considering the issues involved in this writ petition, this Court suo motu impleaded the State of Kerala; Cochin Devaswom Board; Malabar Devaswom Board; Guruvayur Devaswom Managing Committee and Koodalmanikyam Devaswom as additional respondents 12 to 16 in this writ petition. 14. Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 and 5, the learned Senior Government Pleader for respondents 2, 4, 6 and 12, the learned Special Government Pleader (Forest) for the 3rd respondent, the learned counsel for respondents 7 to 11, the learned Standing Counsel for Cochin Devaswom Board for the additional 13th respondent, the learned Standing Counsel for Malabar Devaswom Board for the additional 14th respondent, the learned Standing Counsel for Guruvayur Devaswom Board for the additional 15th respondent and also the learned counsel for the additional 16th respondent. 15. The Kerala Captive Elephants (Management and Maintenance) Rules, 2012 is one made by the State, in exercise of the powers conferred by sub-section (2) of Section 64 of the Wildlife (Protection) Act, 1972 and in supersession of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003. Rule 4 of the said Rules deals with upkeep and veterinary care of the elephant. As per sub-rule (1) of Rule 4, for taking care of each elephant, the owner thereof shall engage a mahout having at least three years of experience in managing an elephant. As per sub-rule (17) of Rule 4, while issuing medical certificate, the Veterinary Doctor should verify the original documents such as ownership certificate of the elephant, (if received from forest department) microchip certificate, insurance certificate and original elephant data book to ensure the correctness. The Veterinary Doctor shall issue the health certificate of the elephant in the prescribed format shown as Appendix I. As per sub-rule (18) of Rule 4, before any captive elephant is transported from one place to another, the Veterinary Doctor shall inspect the elephant and issue a Fitness Certificate in the form given in Appendix-II. 16. Rule 10 of the said Rules deals with the constitution of District Committee. As per sub-rule (1) of Rule 10, a District Committee shall be constituted by the District Collector to deal with cases of cruelty meted out to captive elephants. 16. Rule 10 of the said Rules deals with the constitution of District Committee. As per sub-rule (1) of Rule 10, a District Committee shall be constituted by the District Collector to deal with cases of cruelty meted out to captive elephants. The District Collector shall be the Chairman of that Committee and the Divisional Forest Officer shall be its Convener. The Committee shall consists of the members enumerated in clauses (3) to (9) of sub-rule (1) of Rule 10. As per sub-rule (2) of Rule 10, the District Committee shall meet before the festival season, preferably in the month of October and take necessary measures to ensure welfare of elephants and public safety. As per sub-rule (3) of Rule 10, the District Committee shall take steps to discourage the growing tendency of increasing the number of elephants in existing traditional festivals and introducing elephants in new festivals. As per sub-rule (4) of Rule 10, the District Committee shall take necessary measures, to ensure that the Festival Committee constituted for the smooth conduct of festivals or the persons organizing such functions in which elephants are exposed, shall adhere to the matters enumerated in clauses (i) to (xviii). As per clause (i) of sub-rule (4), there shall be sufficient space between elephants used in processions and parades. As per clause (ii) of sub-rule (4), no elephant in musth shall be used in connection with festivals. As per clause (iii) of sub-rule (4), elephant which is sick, injured, weak or pregnant shall not be used. 17. In Sree Kumar vs. Travancore Devaswom Board, 2005 (1) KLT 43 , in the context of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003, a Division Bench of this Court held that the Travancore Devaswom Board is the custodian of the animals which are entrusted by the devotees with the fervent hope and expectation that they will be looked after well. These animals are in a way offerings to the deities. Therefore, it is the paramount duty and responsibility of the Board to take proper care of these animals at all costs. If the animals are not looked after well, necessarily it will amount to cruelty to them. This, in turn, will attract the provisions of the Prevention of Cruelty to Animals Act, 1960. 18. Section 51 of the Wildlife (Protection) Act, 1972, deals with penalties. If the animals are not looked after well, necessarily it will amount to cruelty to them. This, in turn, will attract the provisions of the Prevention of Cruelty to Animals Act, 1960. 18. Section 51 of the Wildlife (Protection) Act, 1972, deals with penalties. As per sub-section (1) of Section 51, any person who contravenes any provision of this Act (except Chapter VA and section 38J) or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to twenty-five thousand rupees or with both. 19. As per the first proviso to sub-section (1) of Section 51 of the Act, where the offence committed is in relation to any animal specified in Schedule I or Part II of Schedule II or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park, such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than ten thousand rupees. As per the second proviso to sub-section (1) of Section 51, in the case of a second or subsequent offence of the nature mentioned in this subsection, the term of imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than twenty-five thousand rupees. 20. The Kerala Captive Elephants (Management and Maintenance) Rules, 2012 is one made by the State in exercise of the powers conferred by sub-section (2) of Section 64 of the Wildlife (Protection) Act, 1972. 20. The Kerala Captive Elephants (Management and Maintenance) Rules, 2012 is one made by the State in exercise of the powers conferred by sub-section (2) of Section 64 of the Wildlife (Protection) Act, 1972. In view of the statutory provisions referred to hereinbefore and also the law laid down by this Court in Sree Kumar [ 2005 (1) KLT 43 ] we deem it appropriate to make the interim orders dated 04.04.2022 and 08.04.2022 absolute, by directing all concerned to ensure strict compliance of the provisions under the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, while parading elephants in connection with temple festivals, functions, etc. The provisions under Rule 10 of the said Rules shall be complied with in letter and spirit by all concerned and any person, who contravenes the provisions of the said Rules, shall be dealt with appropriately, as provided under Section 51 of the Wildlife (Protection) Act. In temples under the management of the Travancore Devaswom Board, all concerned shall scrupulously follow the conditions in Circular No. ROC-7199/98 dated 22.10.1998 and proceedings dated 23.10.2000, which are referred to hereinbefore at paragraph 10 and 11, insofar as it relates to the number of elephants paraded in the festivals in the temples under the said Devaswom Board. In temples under Cochin Devaswom Board, Malabar Devaswom Board, Guruvayur Devaswom and also Koodalmanikyam Devaswom, the directions contained in the order dated 04.04.2022, which is made absolute by this judgment, shall be complied with letter and spirit and any person, who contravenes the provisions of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, while parading elephants in connection with festivals, functions, etc. shall be dealt with appropriately, as provided under Section 51 of the Wildlife (Protection) Act. 21. In connection with the death of the elephant by name ‘Ambalapuzha Vijayakrishnan’ owned by the 1st respondent Travancore Devaswom Board, which died on 08.04.2021, wildlife crime (O.R. No. 1 of 2021) has been registered by the office of the Social Forestry Range Office, Alappuzha, in which respondents 7 to 10 herein are arrayed as accused. The 1st respondent Travancore Devaswom Board has already conducted an inquiry by its Vigilance Wing, and steps have already been initiated against the officials found to be involved in dereliction of duty as disclosed in that inquiry. The 1st respondent Travancore Devaswom Board has already conducted an inquiry by its Vigilance Wing, and steps have already been initiated against the officials found to be involved in dereliction of duty as disclosed in that inquiry. It is for the authorities concerned to take necessary steps to ensure that the proceedings initiated in connection with the death of the elephant by name ‘Ambalapuzha Vijayakrishnan’ reaches a logical conclusion, within a period of five months from the date of this judgment. 22. With the above directions, this writ petition is disposed of.