THE BEYOND OBITER LAW BLOG: Legal News

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The Supreme Court has directed the State of Kerala to take over the custody of Uttoly Raman, a well-known captive elephant in the State, and house it in an appropriate rescue or rehabilitation centre pending a final determination of the ownership and custody dispute concerning the animal.

The interim order was passed by a Bench of Justice Dipankar Datta and Justice Satish Chandra Sharma while hearing a contempt petition alleging violation of an undertaking given to the Court that the elephant would not be used for commercial or temple-related activities.

The dispute concerns rival claims over the ownership and custody of Uttoly Raman. While Jayakrishnan Menon claims that the elephant belongs to the Mata Amritanandamayi Mutt and was only entrusted to Krishnankutty for care and upkeep, the latter asserts ownership on the basis of gift deeds and claims to have maintained the elephant for several years. The issue of interim custody is presently pending before the Supreme Court.

Observing that the elephant’s welfare must be prioritised until the dispute is finally decided, the Court stated:

“In the given circumstances, where the issue pertaining to the custody of the elephant in question is yet to be decided finally; and with a view to prioritise the health and overall well-being of the elephant in question, this court deems it appropriate to direct the State of Kerala to take over the custody of the elephant in question i.e., Raman; and house it an appropriate rescue/rehabilitation centre.”

The Court clarified that the arrangement is temporary and shall remain subject to the final orders passed in the matter.

The contempt proceedings arose after Menon alleged that Krishnankutty had violated an undertaking furnished before the Court on August 6, 2025, that Uttoly Raman “would not be used for any commercial or temple activities in the meanwhile.” To support the allegation, materials including photographs, posters and social media posts were placed before the Court.

Although Krishnankutty disputed the allegations and contended that much of the material pre-dated the Court's order, he admitted that the elephant had been taken to a temple event on one occasion and tendered an unconditional apology.

Taking note of the material on record, the Court observed:

“Thus, it is evidently clear that the elephant in question i.e., Raman was indeed taken out and used towards ceremonial processions and rituals in defiance of the undertaking made…before this court. It is truly unfortunate that the elephant in question…, who also happens to be the tallest elephant in the state of Kerala has been subjected to commercial exploitation despite an order restraining such exploitation, that too on the strength of an undertaking made before this court. We would be failing in our duty towards the voiceless, if we turn a blind eye towards such defiance. We cannot be a mute spectator, more so in matters pertaining to voiceless animals, whose wellbeing is also of paramount importance.”

Directing the State to assume custody of the elephant, the Court further observed:

“..Kerala may also proceed to temporarily care for the elephant at its’ own expense, in which case, it may pass appropriate administrative orders in accordance with the statutory safeguards enshrined under the Wildlife (Protection) Act, 1972.”

The Bench also held Krishnankutty guilty of contempt for wilfully violating the undertaking given to the Court and imposed a fine of Rs. 2,000.

Case Citation: Jayakrishna Menon v. Krishnankutty 2026 INSC 631.