Madras High CourtWP(MD)/26387/2019disposed of

N.Sekar v. The Prl. Chief Conservator Of Forests

2019-12-12Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)Nos.26387 and 26409 of 2019 N.Sekar ... Petitioner in both Writ Petitions Vs.

1.The Principal Chief Conservator of Forests and Chief Wildlife Warden, Chennai -15.

....First Respondent in both W.Ps'

2.The Forest Ranger, Trichirappalli Forest Range, Trichirappalli. ... Second Respondent in 3.The District Forest Officer, and Member Convener, District Level Captive Elephant Welfare Committee, Trichy Division, Trichy.

....Second Respondent in W.P(MD)No.26409/2019 Prayer in W.P(MD)No.26387 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the first respondent to consider the Petitioner's application dated 7.8.2019 to renew the certificate of Ownership of the Elephant by name Rani having Microchip No.0006592AA2, within the time frame fixed by this Court. Prayer in W.P(MD)No.26409 of 2019: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the first respondent to consider the Petitioner's application, dated 7.8.2019 to renew the certificate of Ownership of the Elephant by name Suma having Microchip No.000658C85A, within the time frame fixed by this Court. 1/3

For Petitioner : Mr.T.Lenin Kumar in both W.Ps'

For Respondents : Mr.M.Murugan in W.P(MD)No. Government Advocate 26387 of 2019 For Respondents : Mrs.J.Padmavathi Devi in W.P(MD)No. Special Govt.Pleader 26409 of 2019 COMMON ORDER These Writ Petitions have been filed seeking to issue a Writ of Mandamus directing the first respondent to consider the Petitioner's applications/representations dated 7.8.2019 to renew the certificate of Ownership of the Elephants by name Rani and Suma, having Microchip Nos.0006592AA2 and 000658C85A, within the time frame fixed by this Court.

2.Mr.M.Murugan, learned Government Advocate takes notice on behalf of the respondents in W.P(MD)No.26387 of 2019 and Mrs.J.Padmavathi Devi, learned Special Government Pleader takes notice on behalf of the respondents in W.P(MD)No.26409 of 2019.

3. By consent of both parties, these Writ Petitions are taken up for final disposal.

4.The case of the petitioner is that the petitioner is the owner of Elephants by name Rani and Suma. The first respondent vide proceedings dated 20.11.2014 has issued Ownership Certificate to the Petitioner and the same already got expired. Hence the Petitioner has submitted representations, dated 7.8.2019 to the first respondent for the renewal of Certificate of Ownership of the above elephants having Microchip Nos.0006592AA2 and 000658C85A. The said representations are still pending. Hence, the petitioner has come forward with these Writ Petitions for the above stated relief. 4.

The learned Government Pleaders appearing for the respondents, on instructions, submitted that the applications/representations submitted by the Petitioner are still pending and the authorities are ready and willing to consider the said representations within the time specified by this Court. 5.Considering the fact that the license already granted to the above elephants had already come to an end, this Court, without expressing any opinion on the merits of the claim made by the petitioner, directs the first respondent to consider the representations of the petitioner, dated 7.8.2019 and pass appropriate orders on the same, on merits and in accordance with law, after giving due opportunity of hearing to all the necessary parties, within a period of two weeks from the date of receipt of a copy of this order.

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With the above direction, these Writ Petitions are disposed of. No Costs.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) vsn To 1.The Principal Chief Conservator of Forests and Chief Wildlife Warden, Chennai -15.

2.The Forest Ranger, Trichirappalli Forest Range, Trichirappalli.

3.The District Forest Officer, and Member Convener, District Level Captive Elephant Welfare Committee, Trichy Division, Trichy.

+2 CC to M/s.T.LENINKUMAR, Advocate ( SR-104700[F] dated 12/12/2019 ),SR-104966[F] COMMON ORDER MADE IN W.P(MD)Nos.26387 and 26409 of 2019 12.12.2019 KK/SAR/13.12.2019/3P-6C/ 3/3