Wildlife Rescue And Rehabilitation Centre Secretary And Trustee Dr. Smt. Shiela N. Rao vs. Union Of India Ministry Of Environment And Forests Secretary

SECTION PIL (WRIT) MATTER FOR : 13.05.2015 COURT NO. : ITEM NO. : IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION INTERLCOUTORY APPLICATION NO. 7 (Application for Directions) IN WRIT PETITION (CIVIL) NO. 743 OF 2014 (Under Article 32 of the Constitution of India) WITH INTERLCOUTORY APPLICATION NO. 8 (Application for Permission to file Addtional documents) AND INTERLCOUTORY APPLICATION NO. 7 (Application for Impleadment)

Wildlife Rescue and Rehabilitation Centre & Ors. .... Petitioners

Versus

Union of India & Ors. ... Respondents

OFFICE REPORT

It is submitted that I.A. Nos. 6 and 7 were listed before the Hon'ble Court on 05.05.2015 with Office Report dated 2.5.2015, when the Court was pleased to inter-alia pass the following Order:-

"I.A. No.6 of 2015

This is an application for impleadment.

Having heard Mr. Sidharth Luthra, learned senior counsel for the applicant, we permit the applicant to intervene in the writ petition.

A copy of the writ petition be served on the intervenor by the learned counsel for the petitioner. I.A. No.6 of 2015 is disposed of accordingly.

I.A. No.7 of 2015

This is an application for direction filed by Gauri Maulekhai, the intervenor in the writ petition.

By this interlocutory application, the applicant has prayed that the respondent Nos.9 and 10 be directed that elephants are not to be exhibited, paraded or used for performance in any festival, pooram or even in the State of Kerala unless the owner or person in charge of the animal obtains registration under the provisions of the Performing Animals (Registration) Rules, 2001 and the requisite permission from Respondent No.2 and without complying with the conditions under the Kerala Captive Elephants (Management and Maintenance) Rules, 2003. xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx

It is submitted by Mr. Sundaram, as well as Mr. Luthra, learned senior counsel that the elephants are being used to perform in certain festivals and on other occasions, without obtaining requisite license from

the competent authorities. He has brought on record certain photographs to highlight that the performance shows that there is cruelty to the elephants. We would like to have the response of the Union of India, as well as the State of Kerala in this regard.

Let a copy of this order, along with I.A. No.7 of 2015, be served on Mr. Ranjit Kumar, learned Solicitor General of India, as well as on the learned Standing Counsel for the State of Kerala.

Let the matter be listed for further orders on 13th May, 2015."

Pursuant to above Order, it is submitted that a certified copy of Order dated 05.05.2015 alongwith a copy of I.A. No. 7 was sent to The Learned Solicitor General of India and a certified copy of Order dated 05.05.2015 was also sent to The Chief Secretary, State of Kerala for information, compliance and necessary action on 06.05.2015.

It is further submitted that a copy of Order dated 05.05.2015 was also sent to Standing Counsel for State of Kerala for information, compliance and necessary action on 06.05.2015.

It is further submitted that Mr. Ajit Sharma, Advocate has on 08.05.2015 filed Vakalatanama/appearance and Additional documents alongwith Application for permission to file Additional documents. The said Application has been registered as I.A. No. 8 and is being circulated for the kind perusal of Hon'ble Court.

It is next submitted that no document has been filed on behalf of State of Kerala so far.

It is further submitted that proof of service in respect of serving copy of Writ Petition upon Intervenor by I.A. No. 6 has not been filed by Counsel for the Petitioner.

It is further submitted that Mr. K. Rajeev, Advocate has on 11.05.2015 filed Vakalatanama/appearance and Application for Impleadment to implead M/s Thiruvambadi Devaswom & Anr as Party Respondent. The said Application has been registered as I.A. No. 9 and is being circulated for the kind perusal of Hon'ble Court.

The Interlocutory Applications in Writ Petition above-mentioned are listed before the Hon'ble Court with this Office Report for orders.

Dated this the 12t h day of May, 2015.