Madras High CourtWP/40875/2025dismissed

People For Cattle In India (Pfcl) v. State Of Tamilnadu

2025-11-26Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.45816 of 2025 People for Cattle in India (PFCI) Represented by its Founder G. Arun Prasanna No. 8/22, Ragaviah Road T. Nagar, Chennai - 600 017.

Petitioner Vs.

1. State of Tamil Nadu Additional Chief Secretary to the Government Environment, Climate Change, and Forests Department Secretariat, Chennai - 600009.

2. Principal Chief Conservator of Forests (Head of Forest Force) Forest Headquarters Building Guindy-Velachery Main Road Near Kannikapuram Checkpost Guindy, Chennai 600032.

3. Chief Wildlife Warden Forest Headquarters Building Guindy-Velachery Main Road Near Kannikapuram Checkpost Guindy, Chennai 600032

4. Principal Chief Conservator of Forests & Chief Wildlife Warden Forest and Environment Department Government of Uttrakhand Uttarakhand Secretariat 4 Subhash Road, Dehradun - 248001.

5. Director Project Elephant Ministry of Environment, Forest and Climate Change Indira Paryavaran Bhawan Jorbagh Road, New Delhi - 110 003.

6. Additional Chief Secretary to the Government Tourism, Culture and Religious Endowments Department 119, Uthamar Gandhi Salai Thousand Lights West Nungambakkam, Chennai Tamil Nadu - 600034.

7. The Commissioner Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai Thousand Lights West Nungambakkam Chennai, Tamil Nadu - 600034

8. Executive Officer Arulmigu Nellaiappar Arul Tharum Gandhimathi Amman Thirukovil Tirunelveli Nagaram Tirunelveli - 627 006.

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus forbearing the Respondents from taking any further steps to transport a baby elephant from the custody of the 4th respondent or any other person to the Nellaiyappar Temple, Tirunelveli.

For Petitioner : Mr.M.S.Seshadri For Respondents : Mr.P.S.Raman Advocate General Assisted by Mr.T.Seenivasan Special Government Pleader (Forest) for Respondents 1 to 3 & Mr.NRR.Arun Natarajan Special Government Pleader (HR&CE) for Respondents 6 & 7 Mr.V.Chandrasekaran Senior Panel Counsel for Respondent-5 Mr.V.Srikanth For Mr.E.Ganesh for Respondent-8

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Though reply has not been filed by respondents, learned Advocate-General, upon instruction, would submit that though a requisition was sent by the State of Tamil Nadu to the Chief Wildlife Warden, Uttarakhand, till date no response has been received. He would submit that unless permission in terms of the provisions of

law is granted by competent authority, there is no question of baby elephant being transported to the State of Tamil Nadu. According to him, this petition, at this stage, is pre-mature.

2. Learned counsel for petitioner would submit that the application which has been submitted is for importing baby elephant from the State of Uttarakhand to the State of Tamil Nadu and that if any permission is granted to bring her and keep in temple, it would be bad in law in view of the fact that it's very natural habitat is being disturbed.

3. After hearing learned counsel for parties, we find that no permission has been granted for transfer of any baby elephant from the State of Uttarakhand to the State of Tamil Nadu under any order passed by competent authority. Therefore, in our opinion, petition, at this stage, is pre-mature.

4. In case any such permission is granted by the Chief Wild Life Warden of State of Uttarakhand allowing transfer of any elephant from the State of Uttarakhand to the State of Tamil Nadu,

it will be open to petitioner to take remedial measures by approaching appropriate forum.

5. Petition is dismissed as pre-mature. There shall be no order as to costs. Consequently, the interim application is also dismissed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 26.11.2025 Index :

Yes/No Yes/No kpl To

1. The Additional Chief Secretary to the Government Environment, Climate Change, and Forests Department Secretariat, Chennai - 600009.