Kerala High Court dismisses PIL seeking relocation of rogue elephant Arikomban

The Kerala High Court on Wednesday dismissed a public interest litigation (PIL) petition seeking relocation of rogue elephant Arikomban back to Kerala [Sabu M Jacob v Union of India]..The pachyderm has been foraging into the Chinnakanal area in Kerala's Idukki district causing damage to the property in the human settlement areas. On April 29, Arikkomban was translocated to Periyar Tiger Reserve after a radio collar was fixed on him. However, there have since been reports then that the elephant came close to human settlements in Tamil Nadu leading the Tamil Nadu Forest Department to issue an order to tranquilize, capture and translocate the elephant to the deep forest area of Villaimalai..Today, a division bench of Justices Alexander Thomas and C Jayachandran dismissed the PIL pointing out that since the Tamil Nadu government has said it will take Arikomban to the deep forest, the petitioner's contention that the tusker has to be brought back to Kerala, is irrelevant."If the Tamil Nadu government has graciously taken it, why interfere with it? You don't say in the plea, why it has to be brought in Kerala?" the bench asked orally.The bench further questioned the petitioner if he had any case that the people of Tamil Nadu are treating the animal with any cruelty."What really is the intent of this litigation, I doubt it. They are facing more fear, our fear is lessened," the Bench said..The PIL also sought proper medical care for the rogue elephant as well as adoption of scientific methods that cause minimum trauma while rehabilitating and translocating the tusker when captured and tranquilized. In this regard, the bench opined that the petitioner did not have any bona fide grounds and lacked factual averments."What is your expertise to get into this? What is the expertise of the court to deal with the situation in Tamil Nadu? What do you think the Madras High Court is not capable of doing so? If you have any problem you or any other, you may approach the Madras High Court. We have doubts about the bona fides of your prayer. As in the person who made the prayers. Are you saying the injuries on the trunk, were caused by the acts of the Tamil Nadu Government and people?" the bench queried..The PIL was filed by Sabu M Jacob, Chief Coordinator of the charitable society ‘Twenty-20 Association’ as well as the President of the Twenty-20 Party and the Managing Director of Kitex Garments.He contended that the translocation of the tusker to the Periyar Tiger Reserve did not result in any meaningful solution to the problem as the tusker entered areas of human habitation in Tamil Nadu.It was further contended that three persons were injured while trying to escape from the tusker and many vehicles were also damaged.The petitioner pointed out that the plea was filed in light of the Tamil Nadu Forest Department issuing an order to tranquilize and capture the elephant to relocate it to the deep forest area of Villaimalai.The petitioner submitted that he is not against tranquilizing and capturing Arikomban but that he opposes the translocation of the elephant to an artificial environment.He further submitted that it was evident from media visuals that the trunk of the elephant was badly injured and that it has become weak due to the non-availability of drinking water..Therefore, the petitioner sought directions to the concerned authorities to take utmost care and caution by not causing any injury or health hazard to the tusker while using tranquilization..The petitioner was represented by advocates Blaze K Jose, Gopika P and S Nikhil Rajeev..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.