- 1 - HC-KAR NC: 2025:KHC:42632 WP No. 23091 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.23091 OF 2019 (GM-WLA) BETWEEN: MR. VIJAYCHAND JHABAKH S/O MR. GESUVALAL, AGED ABOUT 68 YEARS, RESIDING AT 'GURU KRUPA', NEW NO.9, OLD NO.175, P.M. SWAMY COLONY 5TH STREET, COIMBATORE - 641 002. …PETITIONER (BY SRI SHREEDHAR KOTRASHETTI FOR SRI RAJENDRA DESAI, ADVOCATE) AND: 1. ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST (WILDLIFE) AND CHIEF WILDLIFE WARDEN, KARNATAKA ARANYA BHAVAN, 2ND FLOOR, 18TH CROSS, MALLESHWARAM, BANGALORE - 560 003. 2. DEPUTY CONSERVATIVE OFFICER OFFICE OF THE CONSERVATOR OF FORESTS, HASSAN REGIONAL DIVISION, HASSAN CIRCLE, HASSAN - 573 201. …RESPONDENTS (BY SRI MAHANTESH SHETTAR, AGA) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42632 WP No. 23091 of 2019 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE R-1 TO HAND OVER THE CUSTODY OF THE "TROPHY" TO THE PETITIONER AS PER THE PETITION/REPRESENTATION VIDE ANNX-H, CONSEQUENTLY DIRECT THE R-2 TO WITHDRAW THEIR CUSTODY FROM THE SAID ABOVE TROPHY DECLARED AND GIVE THE LAWFUL CUSTODY TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. The petitioner has sought for issuance of a writ of mandamus directing respondent No.1 to hand over the custody of the 'trophy' to the petitioner, in terms of the representation submitted at Annexure-H and consequently, a direction to respondent No.2 to withdraw their custody over the said trophy. The petitioner has also - 3 - HC-KAR NC: 2025:KHC:42632 WP No. 23091 of 2019 sought quashing of the notice dated 24.10.2017 (Annexure-G). 3. Sri Shreedhar Kotrashetti, learned counsel appearing on behalf of Sri Rajendra Desai, learned counsel on record for the petitioner submitted that, the petitioner is the owner of the elephant-Iyyappan. It was further submitted that the said elephant was brought from Coimbatore to Chikkamagaluru for the purpose of transporting logs by the petitioner and that the elephant died on 29.11.2000. Consequently, it was submitted by the learned counsel appearing for the petitioner that, the two tusks of the deceased-elephant be returned to the petitioner. 4. Per contra, Sri Mahantesh Shettar, learned Additional Government Advocate for the respondents submitted that, the petitioner is required to produce the certificate of ownership in respect of the elephant in question, as well as the certificate of transfer of the elephant from Tamil Nadu to Karnataka. It us further - 4 - HC-KAR NC: 2025:KHC:42632 WP No. 23091 of 2019 submitted that the said certificates are not within the knowledge or possession of the respondent-authorities, consequently, it was contended that the prayer made in the writ petition cannot be acceded to. 5. In the light of the submissions made by the learned counsel for the parties and looking into the relief sought by the petitioner herein, it is observed that the respondent-authorities are disputing the certificate of ownership of the elephant and the transfer of the elephant in question from State of Tamil Nadu to State of Karnataka. 6. I am of the view that, it is open for the petitioner herein to make one more representation to the Competent Authorities seeking handover of the custody of the 'trophy' to the petitioner and while making such representation to the respondent-authorities, the petitioner is directed to produce the certificate of ownership as well as the material pertaining to the transfer of the elephant from State of Tamil Nadu to the - 5 - HC-KAR NC: 2025:KHC:42632 WP No. 23091 of 2019 State of Karnataka. If such representation, along with the relevant material, is annexed to the petitioner's representation, the same shall be considered by the respondent-authorities in accordance with law. 7. Such representation may be made by the petitioner herein within two weeks from the receipt of this order and the same shall be considered by the respondent-authorities within three months from the receipt of such representation along with the relevant material with an outer limit of three months. With the above observations, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE TMP List No.: 1 Sl No.: 36