Madras High Court directs forest department to return three elephants to Kanchi Kamakoti Peetam

The Madras High Court on Friday (January 23, 2026) dismissed a writ appeal filed by the Principal Chief Conservator of Forests-cum-Chief Wildlife Warden (PCCF-cum-CWC) against a single judge’s order directing the forest department to return three female elephants to the Kanchi Kamakoti Peetam.

First Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan refused to entertain the appeal at the admission stage itself and wondered why the department was so determined to not give back the elephants to the Mutt even after six years.

When an Additional Advocate General said, the health condition of the elephants was not conducive and relied upon the report of a medical examination conducted after the single judge’s order, the Division Bench asked how could the department attempt to overreach court orders.

The Bench said, the single judge had passed a reasoned order after considering all facts. It also agreed with advocate V.R. Shanmuganathan, representing Kanchi Kamakoti Peetam, that it also appeared to be a consensual order since the judge had permitted government veterinarians to examine the elephants.

Disposing of a writ petition moved by the Kanchi Kamakoti Peetam, Justice V. Lakshminarayanan had on January 7, 2026 said that the petitioner was a Hindu religious mutt, which traces its spiritual lineage to Saint Adi Shankara and had been in existence for centuries.

In fulfilment of its religious mission, as ordered to be carried out by its preceptor, the petitioner mutt had been administering temples, Veda Patasalas (schools imparting religious education), Sanskrit teaching centres and other Hindu religious institutions.

In furtherance of its religious activities, the mutt had acquired three elephants named Sandhya (50), Indu (30) and Jayanti (14) and obtained ownership certificates too from the PCCF-cum-CWC in accordance with the rules framed under the Wildlife (Protection) Act of 1972.

After the acquisition, the mutt had begun using the elephants for rituals, festivals, ‘Vishwaroopa’ darshan and other connected activities. He also recorded the mutt’s claim that elephants hold a spiritual and ritual significance in Hinduism and they symbolise the divine attributes of Lord Vinayaka.

In 2015, the elephants’ mahout died and hence the mutt obtained forest department’s permission to transport the animals to a private widlife rescue and rehabilitation centre. Thereafter, on court orders, they were transferred to the forest department’s elephant care facility at M.R. Palayam in Tiruchi.

Since 2022, the mutt had been making repeated representations to the forest department to return the elephants since it had created a 2.94-acre facility for them at Konerikuppam village in Kancheepuram district and had also decided to appoint new mahouts to take care of them.

When the representations went unheard, the mutt chose to file the writ petition in 2025. Oppsoing the plea, the forest department told the court that a government veterinarian had opined that the translocation of the three elephants from the M.R. Palayam camp to a temple environment may not be advisable.

The government veterinarian had said all the three elephants were being treated at the camp for different ailments and therefore, their relocation for ritual purposes such as Gaja puja may lead to medical relapse and behavioural stress due to crow exposure, hard flooring, tethering and smoke.

On the other hand, Mr. Shanmuganathan produced a letter from A. Kandasamy, Assistant Veterinary Surgeon at the Ayyampettai veterinary dispensary in Kancheepuram district agreeing to provide medical treatment to the three elephants if they were translocated to the mutt’s elephant care facility at Konerikuppam.

The counsel also gave an undertaking that the elephants would not be taken to the temple for rituals until they were declared fit to travel outside the Konerikuppam facility. The Gaja puja too would be performed at Konerikuppam itself.

Recording his submissions, the judge had directed the forest department to hand over the elephants to the mutt on condition that the animals should not be moved out of Konerikuppam facility until they become healthy enough to step out. He had also granted liberty to the mutt to perform Gaja puja at Konerikuppam.