Kerala High Court Refuses to Extend Supreme Court Deadline for Temple Elephant Registration
The Kerala High Court has held that the deadline set by the Supreme Court for temples and Devaswoms to register with the District Committee under the Kerala Captive Elephant (Management and Maintenance) Rules, 2012, cannot be extended by either the State government or the High Court.
Justice Bechu Kurian Thomas made the observation while dismissing a petition filed by the trustee and president of Sree Manathala Shiva-Parvathi Temple. The petitioners had sought registration of the temple and permission to conduct an elephant procession during its festival.
The Court noted that the Supreme Court had fixed a six-week period for registration, counting from August 18, 2015, and that this timeline was deliberate. "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 Court observed.
The ruling stemmed from directions issued by the Supreme Court in Wildlife Rescue and Rehabilitation Centre v. Union of India, which required temples and Devaswoms using captive elephants to register with District Committees formed under the 2012 Rules. The Supreme Court had also stressed the State's duty to ensure compliance and the responsibility of temple administrations, elephant owners and authorities to prevent cruelty to the animals.
The petitioners moved the High Court after their requests for registration and permission to parade elephants were rejected. They admitted that the temple had not completed registration within the six-week period set by the Supreme Court in August 2015. They also pointed to a Kerala government order dated April 20, 2022, which gave another chance to facilitate registration and compliance by May 31, 2022. However, the temple again failed to complete the process within that extended period.
In 2026, one of the petitioners approached the State's Forest Minister seeking registration to conduct elephant processions. After that request was declined, the petitioners went to the High Court. Their counsel argued that the Supreme Court's directions were meant to ensure implementation of the rules and did not expressly bar an extension of the registration deadline. They also contended that allowing a delayed application would not cause prejudice, especially since the State government had itself provided extra time in 2022.
Opposing the plea, the Assistant Conservator of Forests told the Court that 320 temples and Devaswoms in Malappuram had completed registration within the prescribed periods. The authorities also submitted that the petitioners had failed to apply despite being given several opportunities.
After hearing the submissions, the Court concluded that it could not direct the authorities to accept a belated registration or even require them to consider a request for extending the deadline, given the binding directions of the Supreme Court. The writ petition was accordingly dismissed.
Source: India Legal