CHENNAI: A division bench of the Madras High Court has directed the Principal Chief Conservator of Forests in Saidapet to take immediate possession of an elephant, which had been originally proposed to be donated to the Meenakshi Temple in Madurai.
The bench of Justices S Manikumar and Subramonium Prasad gave the direction on Wednesday while allowing a PIL petition from S Muralidharan, an animal protection activist, praying for a direction to the official to take possession of the elephant forthwith from a woman who was using it for begging and maintain it at a rejuvenation camp. The bench directed the official either to keep the elephant in a camp or transport it to a zoo, in accordance with law.
According to petitioner, a female elephant Malachi, aged about 34, was owned by one Masan, a resident of Rangat, North & Middle Andaman district. She wanted to gift it to the Madurai Meenakshi Amman temple and for that purpose, she entrusted one Indira with the job.
However, Indira did not hand over the elephant and instead was using it for begging and for marriage functions, among others. The elephant is being treated cruelly. Petitioner has lodged several complaints, but no action has been taken. Hence the present PIL.
Petitioner further alleged that once the mahout, while riding Malachi, had come into contact with an overhead electrical wire and was thrown off and died. Even Malachi had suffered electric shock. It was not fed properly and was made to walk on hot roads, its front and back legs tied to heavy chains, petitioner said.
Allowing the petition, the bench said the material on record showed that fines of up to `25,000 had been imposed on the caretaker, who paid them all. Ownership certificate had not yet been transferred to Indira. Material on record further indicated that various provisions of the Prevention of Cruelty to Animals Act and the TN Captive Elephants (management and maintenance) Rules had been violated.
“In such a scenario, the elephant cannot be permitted to be kept in the custody of Indira. In view of unimpeachable material on record showing that elephant is being used for begging and subjected to ill-treatment, we allow the writ petition and direct the Principal Chief Conservator of Forest to take possession of the elephant, forthwith,” the bench said, adding that it may either be kept in a camp or transported to a zoo, in accordance with law.