Madras High Court sets aside order preventing Tamil Nadu temples from acquiring elephants
Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan allow a State appeal preferred against a single judge’s order
The Madras High Court has overturned a previous ruling that prohibited Tamil Nadu temples from acquiring elephants, as well as the order requiring the state government to decide on relocating existing elephants from captivity to government rehabilitation homes. The court's decision was based on the fact that the original single judge's order was issued without the temples or the state having a chance to present their arguments.
The two-writer appeals were filed by the Tiruchendur Subramaniaswamy Temple management and the State government, which contended that the single judge's order lacked proper consideration and thus was not valid. The Writ Petition in 2020 had permitted a private individual to keep a female elephant, Lalitha, in his custody despite the Forest Department's refusal.
However, the court emphasized that the existing rules governing captive elephants, established under the Wildlife (Protection) Act, 1972, already provide a comprehensive framework for the care and management of these animals.
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