ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition as a public interest litigation inter-alia praying that directions be issued to the Forest Department to immediately seize the elephant named Lakshmi, irrespective of her current location and transfer her to a Karnataka Forest Department Elephant Care Facility. The petitioner also claims that a writ of certiorari be issued to cancel the ownership certificate issued to respondent-temple (Respondent Nos.4 and 5) in respect of elephant Lakshmi.
2. The present petition was listed on 11.07.2022. On the said date the learned Additional Government Advocate prayed for and was granted time for placing the report regarding the enquiry made
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pursuant to the complaint lodged by the petitioner regarding the health of the Lakshmi.
3. On 02.07.2025, pursuant to the orders of this Court, a Committee of doctors was constituted to examine the elephant Lakshmi. An affidavit dated 02.08.2025 has been filed on behalf of the State Authorities confirming that the Lakshmi was examined after her arrival and she is in good health. A report dated 03.07.2025 is referred to in the affidavit. The said report was submitted by a panel of three qualified veterinarians constituted by respondent No.2, who had examined Lakshmi on 03.07.2025. It was reported that Lakshmi was free from physical injuries or bruises and there were no signs of clinical illness, depression or dullness. She was active, alert and performing all the physical activities normally and it is confirmed that she is healthy for transportation.
4. It is to be noted that the said examination was done in the context of the request received for transporting the elephant Lakshmi to Hyderabad to participate in Moharram and Bonalu procession.
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5. Lakshmi returned from Telangana to Tumakuru on 23.07.2025. Thereafter on 25.07.2025, she was subjected to medical examination by one of the doctors, who was on the panel which had examined her on 03.07.2025. It is affirmed in the affidavit that the concerns expressed by the respondents regarding abuse of elephant Lakshmi and issues relating to the health were required to be dispelled in view of the aforesaid information received.
6. Notwithstanding the same, the petitioner had also produced a report dated 02.07.2025 issued by one Dr.Shri Rakesh Kumar Chittora, who, on the basis of photographs of Lakshmi, had reported that the elephant was feeling pain, she was extremely obese, which was a result of poor diet coupled with lack of exercise. In the aforesaid context, this Court directed the respondents to consider the said report and furnish their comments.
7. Pursuant thereto, Lakshmi was once again examined by the panel of doctors and a report dated 30.10.2025 was submitted by the Range Forest Officer to the Deputy Conservator of Forest. The relevant contents of the said report are reproduced hereunder:
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"Assistant Conservator of Forests, Tumkur sub-division and I, Range Forest Officer, Tumkur Range along with range staff visited Sri Jagadguru Channabasava Rajendra Mahaswamy of Urugadri Gavi Mutt on 30/10/2025 and inspected the maintenance of the captive elephant and it was found that the elephant was inside a shed which is maintained by the Mutt and elephant was found to be in good & health conditions. It was also found that food and water was provided regularly as per the food chart. The Lakshmi elephant of Sri Karibasaveswaraswamy Mutt has been examined. The front legs, hind legs, trunk, eyes, ears, tail and other organs of the said Lakshmi elephant and the health of the elephant have been completely examined by the veterinary officers of Bannerghatta Biological Park and the representative of People for animals, Mysore. It was also seen that the health of the elephant has been monitored and regularly checked by the Chief Veterinary Officer, Koratagere Veterinary clinic by every month. I also instructed concerned Mutt staff to take extra care of the elephant health. I hereby submit the report for your kind perusal."
8. The respondents had also furnished a health report of Lakshmi, which does indicate that there are certain wounds on either side of the tail and rump region. The same correlates with the history of mating during Dussehra with male elephant. Lakshmi also appears to be obese. The gait of the animal was found normal and well-paced. However, it is also reported that cuticles around the toes are overgrown and nail of the 4thdigit of the left hind leg is broken. In view of the above, the Assistant Director (Veterinary Service), Bannerghatta Biological Park has made the following suggestions:
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• Since the animal is slightly obese, diet restrictions and regular walk were suggested. Frequent provision of treats minimalization of starchy food was suggested.
• Strict review of the health has to be made on every quarterly basis.
• Should be placed on mud or natural bedding so that the epithelial keratinisation can be avoided.
• Animal should walk as much as possible to avoid smoothening (without network of ridges and grooves) of foot pads.
9. The respondents also forwarded photographs of the elephant taken during the proceedings.
10. In view of the above, we are unable to accept that Lakshmi is not been looked after or that the prayers sought for in the present petition are required to be granted. The petition is accordingly dismissed.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
KMV
List No.: 1 Sl No.: 24