IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 7^TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944 WP(C) NO. 3895 OF 2022 PETITIONER:

COCHIM STEAMER AGENTS' ASSOCIATION MARITIME HOUSE, INDIRA GANDHI RAOD, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS SECRETARY SMT. DHANYA K.P D/O RADHAKRISHNAN P FLAT NO 3/F3/5, SOUTH STAR APARTMENTS, ERNAKULAM COLLEGE PO, OPP KSRTC COCHIN-682 035.

BY ADV BOBBY JOSEPH ADV BIJU JOSEPH RESPONDENTS:

1 THE DISTRICT REGISTRAR (GENERAL)

DISTRICT REGISTRAR OFFICE, OPP MAHARAJAS COLLEGE GROUND HEAD POST, OFFICE, ERNAKULAM-682 011

2 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

SRI.APPU P S, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 7^th 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 1^st 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 1^st respondent. The 1^st 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 procedu