The Kerala High Court imposed a cost of Rs.25,000/- on the Petitioner and dismissed a Public Interest Litigation (PIL) filed challenging the order dated 10/12/2023 issued by the Principal Chief Conservator of Forest (WL) & Chief Wildlife Warden, Kerala, directing the Chief Conservator of Forests(Northern Circle) Kannur to take appropriate steps to eliminate the tiger that had attacked and killed a human being in Moodakkolly area of Irulam Forest Station in Chedieth Range under the South Wayanad Forest Division.
It is the case of the petitioner that order is cryptic in nature, violative of various provisions of the Wildlife Protection Act and not a reasoned one passed in accordance with the guidelines issued by the National Tiger Conservation Authority under Section 38(0) of Wildlife (Protection) Act, 1972.
The Counsel for the petitioner submitted that before passing such orders, requisite procedure is to be followed by the Authority concerned. The Counsel therefore submitted that the impugned order ought to be set aside and appropriate directions issued.
On the other hand, Additional Advocate General appearing for the respondents opposed the writ petition and submitted that, in the order impugned, it is clearly stated that the Authority is supposed to take action for eliminating the tiger only after following the guidelines of the National Tiger Conservation Authority issued in November 2019. Learned Counsel therefore submits that the writ petition ought to be dismissed.
The Division Bench of Chief Justice A. J. Desai and Justice V.G. Arun noted that the tiger had attacked and killed a human being in Moodakkolly area of Irulam Forest Station. To stop such further attacks, the Chief Conservator of Forest, who is also the Chief Wildlife Warden of Kerala, has passed impugned order. Order was passed after referring to earlier communications and the report of the Expert Committee. The first clause of the order clarified that, unless it is undoubtedly established that the animal is the one that had killed the man, no steps to kill the animal shall be taken. As per Sub clause (2), maximum efforts to either to cage or tranquilize the animal shall be taken as per the NTCA norms. Similarly, clause (3) also contain detailed directions .
In view of the above facts and the order impugned being a well reasoned one, passed on the basis of the report of the Expert Committee, the Bench is of the considered opinion that the this Public Interest Litigation has been filed with motives which are known to the petitioner alone.
“Hence, we dismiss the writ petition with cost of Rs.25,000/-(Rupees Twenty Five Thousand only). The amount shall be deposited with the Kerala Legal Service Authority within a period of two weeks from today”, the order reads.
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