The Kerala High Court has dismissed a petition seeking permission to register a temple for conducting elephant processions after the deadline fixed by the Supreme Court had expired. Justice Bechu Kurian Thomas held that the prescribed registration period could not be extended by the High Court or the state government without an extension from the Supreme Court.
The judgment was delivered on October 12, 2026, in Ravi E. and Another v. State of Kerala and Others, W.P.(C) No. 29289 of 2026. The petition concerned the Sree Manathala Shiva-Parvathi Temple in Malappuram district and its request to register under Kerala’s captive elephant management rules.
Background
The Supreme Court, in Wildlife Rescue and Rehabilitation Centre v. Union of India, directed temples and Devaswoms to register with the District Committee within six weeks from August 18, 2015. The requirement was intended to ensure effective supervision of captive elephants used during festivals.
The petitioners stated that the temple could not complete registration within the original deadline. The Kerala government subsequently issued an order on April 20, 2022, allowing registration of elephant processions until May 31, 2022. However, the temple also missed this extended deadline.
In 2026, the petitioners approached the Forest Minister seeking registration, but the request was rejected by the forest authorities. They then moved the High Court, seeking registration and permission to conduct elephant processions during the temple festival.
The state opposed the plea, stating that 320 temples, Devaswoms and Nercha Committees had registered in Malappuram district. It also submitted that the petitioners had failed to apply despite the opportunities provided.
Justice Bechu Kurian Thomas examined the Supreme Court's earlier directions and considered whether the registration deadline could be extended by the High Court or the state government.
The Court noted that the Supreme Court had prescribed a specific period for registration to ensure effective control over the use of captive elephants. It held that the deadline could not be extended by another court or the government.
The judgment observed:
“A reading of the above observations indicates that, though the Supreme Court held that registration of the Temple or the Devaswom is necessary for effective and proper control, the timeline fixed therein is only six weeks from 18.08.2015. A purpose is evident from the timeline fixed. The said time limit cannot be extended either by this Court or by the Government.”
The petitioners had argued that the Supreme Court's directions did not expressly prohibit an extension of the deadline. They also maintained that considering their request sympathetically would not cause prejudice, particularly in view of the government's 2022 order.
However, the High Court held that the binding directions of the Supreme Court did not permit it to order delayed registration without an extension granted by the apex court.
The Court further observed:
“Without any extension of time granted by the Supreme Court in view of the binding direction in the judgment in Wildlife Rescue and Rehabilitation Centre (supra), it is not proper for this Court either to direct such delayed registration or even to direct consideration of an application to extend the time for registration.”
Finding no merit in the petition, the Kerala High Court dismissed the writ petition seeking registration of the temple and permission to conduct elephant processions beyond the prescribed deadline.
The Court also declined to direct consideration of the request for an extension.
