The Kerala High Court has ruled that neither the State government nor the High Court can extend the deadline fixed by the Supreme Court for temples and Devaswoms to register with the District Committee under the Kerala Captive Elephant (Management and Maintenance) Rules, 2012.
Justice Bechu Kurian Thomas made the observation while dismissing a petition filed by the trustee and president of Sree Manathala Shiva-Parvathi Temple, who sought registration of the temple and permission to conduct an elephant procession during its festival.
The Court held that the six-week period prescribed by the Supreme Court for registration was deliberate and could not be extended through a subsequent government decision or judicial intervention.
“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 arose from directions issued by the Supreme Court in Wildlife Rescue and Rehabilitation Centre v. Union of India, requiring temples and Devaswoms using captive elephants to register with the District Committees constituted under the 2012 Rules. The Supreme Court had also emphasised the State’s responsibility to ensure compliance and the obligation of temple administrations, elephant owners and the authorities to prevent cruelty to the animals.
The petitioners approached the High Court after their requests for registration and permission to parade elephants were not accepted. They submitted that the temple had failed to complete the registration within the six-week period prescribed by the Supreme Court in August 2015.
They further relied on a Kerala government order dated April 20, 2022, which provided another opportunity to facilitate registration and compliance by May 31, 2022. However, the temple failed to complete the process within that extended period as well.
In 2026, one of the petitioners approached the State’s Forest Minister seeking registration for conducting elephant processions. After the request was declined, the petitioners moved the High Court for relief.
Their counsel argued that the Supreme Court’s directions were intended to ensure implementation of the applicable rules and did not expressly prohibit an extension of the registration deadline. They also contended that permitting a delayed application would not cause prejudice, particularly since the State government had itself provided additional time in 2022.
Opposing the plea, the Assistant Conservator of Forests informed 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 considering 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, in view of the binding directions issued by the Supreme Court.
The writ petition was accordingly dismissed.
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