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2022 Supreme(Online)(KER) 13331
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
THE INSPECTOR GENERAL OF REGISTRATION – Appellant
Versus
RIYASUDHEEN K. – Respondent
WA NO. 251 OF 2022 | WP(C) NO.24064/2021
For the Appellants/Petitioners: Sri. V. Tek Chand
For the Respondents: Sri. P. Mohamed Sabah, Sri. Saipooja
The Emblems Act prohibits the use of state names in private association titles to avoid public deception regarding governmental patronage.
Headnote:(A) Emblems and Names (Prevention of Improper Use) Act, 1950 - Sections 3 and 4 - The right to name an association is inalienable; however, it cannot mislead the public as a statutory body. The Act prohibits names suggesting government patronage, as in the case of ‘Kerala Deaf Cricket Association’. (Paras 16, 18, 26, 34)
(B) Writ Jurisdiction - Prohibition under the Act against private bodies suggesting governmental association in their names was substantively affirmed. (Paras 22, 24)
Facts of the case:
The petitioners, leading an unregistered association advocating for deaf cricket, sought registration under a name perceived to echo state validity. The appellants continuously refused based on statutory provisions from 1950, misinterpretations of which were at the core of dispute.
Findings of Court:
The use of 'Kerala' in the association's name contravenes Section 3 prohibitions and misleads public perception concerning governmental affiliation.
Issues: Whether the addition of 'Kerala' to the association name can lead to improper use implications, thus denying the registration?
Ratio Decidendi: The court determined that the stated name for the association contravenes clear statutory guidelines, reinforcing that associating with state names requires stringent legislative backing.
Result: Appeals allowed, writ petition dismissed.
| Table of Content |
|---|
| 1. overview of the legal proceeding against refusal to register an association name. (Para 17) |
| 2. court's interpretation of the emblems and names act (Para 20 , 26) |
| 3. conclusion against name usage of 'kerala' (Para 34) |
S. Manikumar, CJ
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.
4. 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.
5. The question raised by the writ petitioners/respondents herein before the learned single Judge was, as to whether an association of pri
