SC rejects PIL seeking return of tusker 'Arikomban' to natural habitat in Kerala

Published : Jul 06, 2023, 04:42 PM IST
SC rejects PIL seeking return of tusker 'Arikomban' to natural habitat in Kerala

Synopsis

On April 29, Arikomban was moved from Chinnakanal in Idukki to the Periyar Tiger Reserve as it constituted a menace to the locals. The jumbo continued to go through several areas, including Megamalai in Tamil Nadu.

Following the tusker's translocation to the Periyar Tiger Reserve with the fixation of a radio collar on it, the Supreme Court on Wednesday declined to hear a Public Interest Litigation seeking the repatriation of the elephant "Arikomban" back to its original habitat in Chinnakkanal in Kerala. The writ was filed by environmental activists CR Neelakandan and VK Anandan seeking to take all necessary measures to bring the elephant known as 'Arikomban' back to its natural habitat in Chinnakkanal after the relocation of human settlement in the Human-Elephant Conflict-affected area within a time frame to be fixed by the court.

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The petition also sought to direct the State of Tamil Nadu to monitor 'Arikomban' for a period of 2 years through the GPS tracker.

The PIL was dismissed by the panel of CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra on the grounds that the petitioner had other available remedies.

The top court while considering another petition filed by the Walking Eye Foundation for Animal Advocacy, the CJI questioned why the petitioners had not approached the Kerala High Court which is already looking into the matter. The CJI also fined the petitioner Rs 25,000.

The organization's lawyer, Deepak Prakash, said that there was "ambiguity" over Arikomban's current position, including doubts about its survival. Prakash asked the court to order the Tamil Nadu government to provide clarification as a result. However, the Chief Justice made it clear that it is not the Supreme Court's responsibility to determine the court where the petition has to be filed. 

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