- (1.) I.A. Nos. 25 and 27 In these two interlocutory applications, though numerous prayers have been made, the basic relief, as we perceive, relates to quashing of G.O. (Rt) No.84/2016/F & WLD dated 26.02.2016 issued by the Government of Kerala, Respondent No.9 and cancellation of any ownership certificate issued in pursuance of the said notification.
(2.) It is submitted by Ms. Aparna Bhat, learned counsel appearing for the petitioners that the State Government under the Wild Life Protection Act, 1972 has no authority to issue such a notification. A counter affidavit has been filed by the Union of India referring to Section 40(4) of the Act to show that the State Government can make a declaration subject to certain conditions. Mr. Jogy Scaria, learned counsel for the State submitted that it has jurisdiction to issue an amnesty scheme. The said submission is founded on the counter affidavit filed by the State.
(3.) Mr. V. Giri, learned counsel appearing for the Elephant Owners Association has drawn our attention to the order dated 29.03.2016 wherein this Court, while recording the submission of Mr. C.A. Sundaram, learned senior counsel appearing for the Animal Welfare Board, has framed three fundamental issues that:- "(i) after the Act has come into force, whether any person can keep an elephant in his custody as the owner; (ii) assuming there is no prohibition for keeping an elephant, what Rule should govern the upkeep of the animal; and (iii) who are the authorities to regulate the health, upkeep and the manner in which the elephants are to be treated and used.";