Justice Bechu Kurian Thomas passed the decision referring to the directions laid by the Supreme Court in of Wildlife Rescue and Rehabilitation Centre and Ors. v. Union of India and Ors. (2016).

In paragraph 13 of the judgement rendered by the Apex Court on 18.08.2015, it was observed that temples/Devaswoms should register with the District Committee within 6 weeks. The Apex Court had also observed that the State had a duty to ensure that the registration is carried out. Further, it was added that the State, District Committee, Temple/Devaswom Management and elephant owners are obligated to see that there is cruelty against the elephants and if any such instance is found, they would have to face criminal prosecution as well as confiscation of elephants.

The Court specifically relied on the afore observations and remarked:

“though the Supreme Court held that registration of the Temple or the Devaswom is necessary for effective and proper control, the timeline fixed therein is only six weeks from 18.08.2015. A purpose is evident from the timeline fixed. The said time limit cannot be extended either by this Court or by the Government.”

The petitioners before the Court were the Trustee and President of the Sree Manathala Shiva-Parvathi Temple. They sought a direction to register the temple under the District Committee and to grant permission to conduct elephant procession in connection with the temple festival.

It was stated that the temple could not comply with the Apex Court's direction to register in the District Committee within 6 weeks of 18.08.2015. They pointed out that the after the timeline set by the Apex Court expired, the Government issued an order on 20.04.2022 permitting registration of elephants' parades and implementation of the Apex Court direction by 31.05.2022. However, this timeline could not be met by the temple either.

In 2026, one of the petitioners submitted an application to the Minister for Forests of the State government seeking registration of the temple for parading elephants. However, this request was declined, prompting the petitioners to approach the High Court.

The petitioners contended that the Supreme Court only directed for implementation of the Rules and did not strictly indicate that the time limit could not be extended. They also stated that a sympathetic consideration would not cause any prejudice since the government order in 2022 extended the time set by the Supreme Court.

The Assistant Conservator of Forests filed a statement stating that 320 temples/devaswoms had registered with the District Committee in Malappuram within the timelines set by the Apex Court and the Government. However, the petitioners did not submit any application despite grant of several opportunities, it was stated.

After hearing the parties, the Court was of the view that it would not be proper to direct for delayed registration or even to direct consideration of an application to extend the time in view of specific Apex Court directions. Thus, it dismissed the plea.

Counsel for the petitioners: K. Praveen Kumar

Counsel for the respondents: R. Unnikrishnan – Senior Government Pleader (Forest)