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2022 Supreme(Ker) 375

S.MANIKUMAR, SHAJI P.CHALY
Inspector General of Registration – Appellant
Versus
Riyasudheen K. , S/o. Salahudeen – Respondent


Advocates Appeared:
For the Petitioner: Senior Government Pleader Sri. V. Tek Chand.
For the Respondent: Sri. P. Mohamed Sabah, Sri. Saipooja.

JUDGMENT :

S. Manikumar, J.

Instant writ appeal is filed by the respondents in W.P(C) No.24064 of 2021 against the judgment dated 23.12.2021, by which a learned single Judge of this Court, after considering the statutory provisions, disposed of the said writ petition, by ordering thus:

    “16. Naming a person, institution or entity is the prerogative of the citizen. It is a matter of the identity of the citizen or of an entity created by him. It is an inalienable right of the citizen. The State, therefore, will not be justified in regulating that right otherwise than through appropriate legislative measure. The Scheme of the Act, 1950 would manifest that the Act, 1950 is intended to curb the menace of exploitation of citizens by naming commercial entities in such a manner that the general public would be led to believe that a private commercial entity is one which has the official patronage of the Central or State Government. The Act, 1950 is rather intended to protect the common man than to assert the authority of the State.

17. Since the petitioners' Association is not an Association related to any trade, business, calling or profession, it is declared that the provisions of the Emblems

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