Point of Law: No person shall use or continue to use for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trademark or design, any name or emblem specified in the Schedule or any colourable imitation thereof, without the previous permission of the Central Government or of such officer of Government.

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 and Names (Prevention of Improper Use) Act, 1950 cannot be applied to the petitioners. As and when the petitioners make an application to register it in the name “Kerala Deaf Cricket Association”, the application shall be considered without regard to the provisions contained in the Act, 1950. The writ petition is disposed of as above.”

2. Brief facts for disposal of the writ appeal are; writ petition was filed by the respondents/writ petitioners, who are the President, Vice President and General Secretary of an unregistered association formed for the purpose of promoting Cricket among the deaf youth in Kerala. They have challenged the refusal of the appellants to register their association in the name “Kerala Deaf Cricket Association”.

3. The claim of the writ petitioners/respondents herein was that there is no law existing which precludes them from adding the term “Kerala” to the name of their association. On the other hand, the appellants have maintained the consistent stand that name of an association should not bear any resemblance to the Central/State Government, in view of the provisions contained in the Emblems and Names (Prevention of Improper Use) Act, 1950, judgment of this Court, and also going by various Governments orders and circulars issued in that regard.

4. Appellants have further stated that the learned single Judge, without taking note of the directions issued by a Hon'ble Division Bench in W.P.(C) No.2366 of 2015 dated 19.01.2021 and also wrongly interpreting Section 3 and Schedule 4 of Act, 1950, ordered the registering authority to consider the application of the writ petitioners, without regard to the provisions contained in the Act, 1950. According to the appellants, the learned single Judge has erroneously interpreted the provisions of law and overlooked the judgment of this Court, which is to be reversed in appeal, since the impugned judgment is against the settled principles of law. Hence, this appeal.

5. Before the writ court, writ petitioners/respondents herein have sought for issuance of a writ of mandamus or other appropriate writ or order directing the 2nd respondent - District Registrar (General), Kozhikode, to register the association referred to in Exhibit-P1 Memorandum of Association and Exhibit-P2 rules and regulations as “Kerala Deaf Cricket Association” under the provisions of Societies Registration Act, 1860, pursuant to the application dated 28.04.2021.

6. The question raised by the writ petitioners/respondents herein before the learned single Judge was, as to whether an association of private individual citizens formed with the objective of promoting any sports/games among the deaf, can be denied registration under the Societies Registration Act, 1860, on the ground that their name included the word “Kerala”.

7. R