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Judgment
Gopinath P., J.
Through our order dated 5.4.2023, we had directed the constitution of a Task force comprising of certain officials to deal with the problem of human-animal conflict in Idukki District. In partial modification of the said order, we direct the constitution of Task Forces for the Districts of Idukki, Palakkad and Wayanad consisting of the following members with immediate effect:
(i) The Revenue Divisional Officer concerned.
(ii) The Divisional Forest Officer/Wildlife Warden having jurisdiction over the area in question.
(iii) The Station House Officer concerned.
(iv) The Panchayat President of the Panchayath concerned and
(v) The Secretary, District Legal Services Authority of the Districts concerned who shall also act as the Convenor of the Task Force.
As soon as the Task Forces are constituted, a report detailing the composition of each of the Task Forces so constituted and the complete list of Task Forces constituted in all the three Districts, pursuant to this order, shall be made available before this Court by the next date of posting, namely, 3.5.2023. The Task Forces constituted with immediate effect shall also commence their tasks of formulating measures to prevent elephant incursion into human settlement areas within the territorial limits of their respective Panchayaths as already directed by us in our earlier order dated 5.4.2023.
In further modification of the order dated 5.4.2023, we direct that the Officers who shall be involved in the translocation of the wild elephant [Arikkomban] stated to be causing problems in the Chinnakkanal area, as set out in paragraph 9 of the aforesaid order dated 5.4.2023 will stand modified as follows:
(i) Sri. Arun R.S - Chief Conservator of Forests (High Range Circle), Kottayam.
(ii) Dr. Arun Sakharia, the Chief Forest Veterinary Officer.
(iii) Sri.Ramesh Bishnoi IFS, Divisional Forest Officer, Munnar.
All further directions contained in paragraph 9 of the earlier order will continue to operate. The above modification is made on the request of Sri.Nagaraj Narayanan, Special Government Pleader (Forests).
Having heard the learned Additional Advocate General and the counsel appearing for various parties in these proceedings, we direct that any alternative site, that may be suggested by the Government of Kerala for translocating the wild elephant stated to be causing problems in Chinnakkanal area shall be submitted in a sealed cover to the Expert Committee constituted by us through our order dated 29.3.2023. The members of the Committee shall examine the feasibility and shall ensure that the details of the alternate site are kept confidential awaiting further orders from this Court. If the Committee approves the alternate site suggested, then the capture and shifting of the animal in terms of the earlier orders issued by us, to the said alternate site, need not await further orders from this Court.
Post on 3.5.2023. The Registry shall communicate a copy of this order to the Member Secretary, Kerala State Legal Services Authority, for issuing consequential directions to the District Legal Services Authorities concerned.
