Court allows caretaker to keep jumbo, stops relocation

MADURAI: It’s sheer humanity that was on display when Madurai Bench of Madras High Court recently prevented forcible relocation of a female elephant from its caretaker in Virudhunagar. Justice GR Swaminathan allowed the petitioner, Sheik Mohammed, who has been taking care of the elephant for the past 20 years, to keep the animal even while upholding the forest department’s decision denying ownership to Mohammed.

Justice Swaminathan observed that though the authorities have rightly rejected Mohammed’s application, in some cases, administrative decision may be found to be valid in law and yet there can be no sequitur. “Rights of the animal are more relevant while adjudicating than the formal validity of the administrative order,” he remarked. He felt that the approach adopted in child custody cases should be followed in the elephant Lalitha’s case also.

Surprise inspection

The judge also conducted a surprise inspection at the elephant’s place of stay at a coconut grove in Virudhunagar and was satisfied with the maintenance of the animal. He also praised the caretaker Subhahani, Mohammed’s nephew, saying, “The mahouts in the temples would do well to take a leaf out of Subhahani’s handling of Lalitha and treat their wards appropriately.”