JUDGMENT

Dated this the 7th day of April, 2022 The petitioner, a Charitable Society registered under Travancore-Cochin Literary, Scientific Charitable Societies Act, 1955 (for short “the Act”), is before this Court aggrieved by Ext.P6 order of the 1st respondent. The petitioner was registered with the name “Cochin Steamer Agents' Association”. The petitioner submitted an application to change the name of the petitioner-Association as “Kerala Steamer Agents' Association”. The application has been rejected by the District Registrar as per Ext.P5 order dated 08.12.2021. The reason advanced by the District Registrar for rejection of the application is that there is no enabling provision in the Act, 1955 to change the name of a registered society.

2. The learned counsel for the petitioner would urge that the issue has been considered by a learned Single Judge of this Court in W.P.(C) No.35016 of 2018 and this Court has held that the right to seek amendment of the registered bylaws, memorandum of association etc. would also include the right to change the name of the Association/Society concerned. Therefore, Ext.P5 communication is liable to be set aside and the respondents are compellable to consider approval of the amendments made by the petitioner-

Association.

3. The learned Government Pleader resisted the writ petition on behalf of the 1st respondent. The 1st respondent stated that as per Section 18 of the Act, 1955, a Society can alter, extend or abridge bylaws for some purpose. The provision does not enable the petitioner to change the name of the Society. The Certificate of Registration of a Society is issued with the name. It is the identity of the Society. It cannot be permitted to be altered.

4. The learned Government Pleader submitted that the petitioner has not filed any appeal against Ext.P5 order.

Therefore, the writ petition is not maintainable.

5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

6. The name of the petitioner-Association is ‘Cochin Steamer Agents’ Association’. The Act, 1955, under which the petitioner- Association is registered, enable Societies to alter, extend or abridge their bylaws. In view of Section 22, when any amendment is made in the provisions of the Memorandum or the Rules and Regulations of a Society, a copy of the resolution effecting the amendment, certified to be a correct copy by not less than three members of the governing body shall be filed with the Registrar within fourteen days. If it is so submitted, the Registrar is bound to consider and alter the amendments, if such amendments are not contrary to any provisions of the Act, 1955 or any other law applicable.

7. The question whether the a Society registered under the Act, 1955 can change its name was considered by this Court in W.P.(C) No.35016 of 2018. This Court held that :-

“But for such restrictions, the right to seek amendment of the registered bylaws,memorandum of association, etc., would also include the right to change the name of the association/society concerned, subject to the procedural and other requirements of the Act, Rules and the registered bylaws of the society. “

The judgment of this Court will squarely apply to the facts of the case.

In the circumstances, the writ petition is allowed. Ext.P5 is set aside. The 1st respondent is directed to re-consider the application submitted by the petitioner and pass appropriate orders thereon, taking into account Ext.P6 judgment. Orders shall be passed within a period of one month.

sd/-

N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 3895/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE NO ER155/78 DATED 21.6.78 ISSUED TO THE PETITIONER UNDER TRAVANCORE COCHIN LITERARY, SCIENTIFIC CHARITABLE SOCIETIES ACT 1955 Exhibit P2 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF PETITIONER Exhibit P3 TRUE COPY OF THE RESOLUTION DATED

5.11.2021 WHICH WAS UNANIMOUSLY PASSED BY THE PETITIONER ASSOCIATION