Court Declines Petition Seeking Extension Beyond Supreme Court's Deadline, Emphasizes Strict Compliance with Wildlife Rescue and Rehabilitation Centre Judgment
In a significant ruling on October 12, 2026, the Kerala High Court, presided over by Justice Bechu Kurian Thomas, dismissed a petition filed by the trustees and devotees of the Sree Manathala Shiva-Parvathi Temple at Tirur, Malappuram. The petitioners sought a direction to register their temple under the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, and permission to conduct elephant processions despite missing the mandatory registration deadline.
The background to this case lies in a 2016 Supreme Court judgment in Wildlife Rescue and Rehabilitation Centre v. Union of India, which mandated that temples or devaswoms intending to parade captive elephants must register with the District Committee within six weeks from August 18, 2015. This timeline was set to ensure effective control over the management and welfare of captive elephants and prevent cruelty.
The petitioners argued that due to various reasons, they missed this registration window and sought to have their late application considered, especially after a 2022 Government Order extended the registration deadline to May 31, 2022. However, the authorities declined their application, citing the Supreme Court's binding directive on the timeline.
The High Court, after hearing submissions from both parties, reaffirmed the binding nature of the Supreme Court's six-week deadline. The Court held that neither it nor the Government had the authority to extend this timeline unilaterally. The Court emphasized the importance of adhering strictly to the Supreme Court's directions to maintain effective regulatory control and prevent cruelty to elephants.
Justice Thomas observed that permitting late registrations would defeat the purpose of the prescribed timeline and the systemic control envisaged by the Supreme Court. The Court further noted that a direction to consider the belated representation to the Minister for Forests would be futile in the absence of any extension granted by the Supreme Court itself.
Consequently, the writ petition was dismissed, underscoring the principle that lower courts and authorities must comply with Supreme Court rulings, especially those involving timelines for regulatory compliance.
This judgment serves as a crucial precedent affirming that deadlines set by the Supreme Court in matters of wildlife protection and management are final and binding, reinforcing the judiciary's commitment to animal welfare and regulatory discipline.
Bottom Line:
Captive elephants - Registration of temple/devaswom for elephant parade - Time limit of six weeks fixed by Supreme Court for registration under directions in Wildlife Rescue and Rehabilitation Centre case is binding - High Court cannot extend time or direct consideration of belated application for registration in absence of extension granted by Supreme Court.
Statutory provision(s):
Kerala Captive Elephants (Management and Maintenance) Rules, 2012, Article 226 of the Constitution of India
Ravi E. v. State of Kerala, (Kerala) : Law Finder Doc Id # 2999827
