THE STATE OF ASSAM AND 2 ORS. v. THE UNION OF INDIA AND 9 ORS
I.A.(Civil)/790/2025 · 2025-03-18
Manish Choudhury
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9145 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9145 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010053622025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/790/2025 THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE, ASSAM, PANJABARI, GUWAHATI- 781037. 2: THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND THE HEAD OF FORESTS FORCE ASSAM PANJABARI GUWAHATI-781037 3: THE CHIEF WILDLIFE WARDEN ASSAM ARANYA BHAWAN GUWAHATI- 781037 VERSUS THE UNION OF INDIA AND 9 ORS MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE (PROJECT ELEPHANT DIVISION), INDIRA PARYAVARAN BHAWAN, JOR BAGH ROAD, ALIGANJ, NEW DELHI- 110003. 2:THE CHIEF SECRETARY TO THE GOVERNMENT OF TAMIL NADU SECRETARIAT CHENNAI- 600009. 3:THE ADDL. CHIEF SECRETARY TO THE GOVERNMENT OF TAMIL NADU SECRETARIAT CHENNAI- 600009. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND THE HEAD OF FORESTS FORCE TAMIL NADU CHENNAI- 600015. Page No.# 2/4 5:THE CHIEF WILDLIFE WARDEN TAMIL NADU CHENNAI - 600015. 6:THE DIRECTOR GENERAL OF POLICE TAMIL NADU CHENNAI- 600004. 7:GIRIN MORAN S/O- LATE KANDURA MORAN
R/O- UPAR KACHIJAN VILLAGE
KACHIJAN CHARIALI POST
P.S.- KAKAPATHAR
DISTRICT- TINSUKIA ASSAM. 8:PEOPLE FOR THE ETHICAL TREATMENT OF ANIMAL (PETA) INDIA F-110 1ST FLOOR JAGDAMBA TOWER PLOT NO. 13 COMMUNITY CENTRE PREET VIHAR NEW DELHI- 110092. 9:PEOPLE FOR CATTLE IN INDIA REPRESENTED BY ARUN PRASANNA G FOUNDER AND MANAGING TRUSTEE OF THE TRUST AGED ABOUT 31 YEARS RESIDENT OF NO. 8/22 RAGAVIYAH ROAD T NAGAR CHENNAI-600017. 10:ARUN PRASANNA G RESIDENT OF NO. 8/22 RAGAVIYAH ROAD T NAGAR CHENNAI-600017 Advocate for the Petitioner : MR. D SAIKIA, MR P NAYAK,MS. RUKMINI BARUA,MS. Page No.# 3/4 PADMINI BARUA Advocate for the Respondent : DY.S.G.I., MR. U PATHAK,N GAUTAM
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 19.03.2025 Heard Ms. P. Baruah, learned counsel for the applicants; Mr. H. Gupta, learned Central Government Counsel for the opposite party no. 1; Mr. A.R. Gogoi, learned counsel for the opposite party nos. 2-6; Mr. D.J. Das, learned counsel for the opposite party no. 8; and Ms. M. Borgohain, learned counsel for the opposite party nos. 9 & 10. 2. The applicants have preferred the instant interlocutory application seeking impleadment of the following person :-
Arulmigu Nachiyar [Andar] Temple, Srivilliputhur, Virudhunagar District, Tamilnadu - as party-respondent no. 11 in the connected writ petition, W.P.[C.] no. 6107/2022. 3. The applicants as the writ petitioners, have preferred the connected writ petition, W.P. [C.] no.
6107/2022 seeking inter alia a direction to the respondent authorities to provide adequate security and to facilitate the possession, return and transportation of a captive elephant, Joymala back to the State of Assam. 4. In this application, it is stated that the elephant, Joymala is presetly in custody and possession of the proposed party-respondent no. 11, and as such, the impleadment of the proposed party-respondent no. 11, for adjudication of the issues involved in the connected writ petition, is necessary. 5. The learned counsel for the opposite parties have not opposed to the prayer for
Page No.# 4/4 impleadment made in this interlocutory application. 6. I have gone through the statements and averments made in this application and it is found that in order to adjudicate the issues involved in the connected writ petition, W.P.[C.] no. 6107/2022, the presence of the proposed party-respondent no. 11 is necessary, for the reason assigned on behalf of the applicants-writ petitioners. 7. Accordingly, the instant interlocutory application stands allowed. 8. The learned counsel for the applicants-writ petitioners shall file an amended Cause- Title in terms of the Notification no. 79 dated 19.06.2023 before the Registry within 2 [two] working days from today and on submission of the amended Cause-Title, the Registry shall do the necessary corrections in the Cause-Title of the writ petition as well as in the CIS. JUDGE Comparing Assistant