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 : 08.12.2015 COURT NO. : 04 ITEM NO. : 05

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 743 OF 2014 (Under Article 32 of the Constitution of India) WITH INTERLCOUTORY APPLICATION NOS. 17 AND 19 (Application for Directions) AND INTERLCOUTORY APPLICATION NO. 18 (Applications for Impleadment)

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

Versus

Union of India & Ors. ... Respondents

OFFICE REPORT

It is submitted that W.P. (C) No. 743 of 2014 was listed before the Hon'ble Court on 18.08.2015 with Office Report dated 17.08.2015, when the Court was pleased to inter-alia pass the following Order:-

"xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx

At this juncture, a question arose whether the temples or the Devaswom shall get themselves registered with the district committee so that there would be effective and proper control. We think that they should be registered with the Committee and accordingly is directed that the registration shall be done within a period of six weeks from today. The temple and Devaswom shall, apart from other formalities, also mention how many elephants it is going to use in any festival. It will be the obligation of the State to see that the registration is carried out. It shall be the duty of the State, the District Committee, Management of the Devaswom, the Management of the Temple and the owners of the elephants to see that no elephant is meted with any kind of cruelty and, if it is found, apart from being lodging of criminal prosecution, they shall face severe consequences which may include confiscation of the elephant to the State.

The IAs are disposed of.

Let the writ petition be listed after eight weeks. Pleadings shall be completed by then. "

Pursuant to above Order, it is submitted that certified copy of Order dated 18.08.2015 was sent to the concerned parties for information, compliance and necessary action through Registered A.D. on 22.08.2015.

It is further submitted that Mr. S.N. Terdal, Advocate has on 18.08.2015 filed two separate affidavits with permission of Hon'ble Court on behalf of Respondent No.1 (Ministry of Environment & Forests) (i) one is main Writ Petition and (ii) in I.A. No 7. Both the Affidavits stands included in the Paper Books.

It is further submitted that Mr. Jogy Scaria, Advocate has on 16.11.2015 filed Affidavit on behalf of Respondent No.9 and 10 (State of Kerala and Chief Wildlife Warden, State of Kerala) which is mentioned in the table below. The Affidavit stands included in the Paper Books.

It is further submitted that Ms. Aparna Bhat, Advocate on behalf of Petitioner has on 03.11.2015 filed Application for Direction which has been registered as I.A. No. 17 and the same stands included in the Paper Books.

It is next submitted that Ms. Aparna Bhat, Advocate on behalf of Petitioner has on 26.11.2015 filed Applications for (i) Impleadment to implead State of Goa and Chief Wildlife Warden, Govt. of Goa as Party Respondents and (ii) Application for Directions. Both the Applications have been registered as I.A. Nos. 18 and 19 respectively and stands included in the Paper Books.

It is further submitted that Vakalatanama/appearance's have been filed on behalf of following Respondents:-

Srl.<br>No.	Advocate	Filed on	On behalf of Respondent
1.	Mr. Ajit Sharma	8.5.2015	Animal Welfare Board of India (R. No. 2)
2.	Mr. Gopal Singh	23.7.2015	State of Bihar (R. Nos. 7 and 8)
3.	Mr. Jogy Scaria	09.09.2015	State of Kerla (R.No. 9)
4.	Mr. B. Balaji	14.8.2015	State of Tamil Nadu (R. Nos. 11 and 12)
5.	Ms. Ruchi Kohli	7.8.2015	State of Rajasthan (R. No. 17)
6.	Mr. Devendra Singh	15.7.2015	State of Punjab (R. Nos. 19 and 20)

A.D. Cards duly signed have been received back in respect of Respondent Nos. 14 and 16 but neither appearance nor Counter Affidavit has been filed so far.

It is further submitted that neither A.D. Card nor unserved envelope containing the Notice has been received back in respect of Respondent Nos. 1, 3 to 6, 13, 15 and 18. Hence, service of Notice is incomplete in respect of Respondent Nos. 1, 3 to 6, 13, 15 and 18.

It is next submitted that Counter Affidavits have been filed on behalf of following Respondents:-

Srl.<br>No.	Advocate	Filed on	On behalf of Respondent
1.	Mr. Ajit Sharma	16.7.2015	Animal Welfare Board of India (R. No. 2)
2.	Mr. Gopal Singh	23.7.2015	State of Bihar (R. Nos. 7 and 8)
3.	Mr. Jogy Scaria	16.11.2015	State of Kerala & Chief Wildlife<br>Warder, Kerla (R. Nos. 9 and 10)
4.	Mr. B. Balaji	14.8.2015	State of Tamil Nadu (R. Nos. 11 and 12)
5.	Ms. Ruchi Kohli	7.8.2015	State of Rajasthan (R. No. 17)
6.	Mr. Devendra Singh	3.8.2015	State of Punjab (R. Nos. 19 and 20)

Thereafter, the Writ Petition was mentioned before the Hon'ble Court on 26.11.2015, when the Court was pleased to pass the following Order:-

"On mentioning, the matter is taken on Board. Let the matter be listed on 8t h December, 2015 listed on 18.08.2015."

The Writ Petition alongwith applications above-mentioned is listed before the Hon'ble Court with this Office Report for orders.

Dated this the 07t h day of December, 2015.

Sd/- Assistant Registrar