Kerala High Court
Kerala Ju-Jitsu Association vs The District Registrar (General)
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY,THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937
WP(C).No. 323 of 2016 (M)
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PETITIONER :
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KERALA JU-JITSU ASSOCIATION
REPRESENTED BY ITS GENERAL SECRETARY
MRS.THESNEY VARGHESE, W/O.RAJAN VARGHESE,AGED 31 YEARS,
HAVING HER RESIDENTIAL ADDRESS AT PULIKATHARA HOUSE,
NF GATE, TRIPUNITHURA, PIN -682 301.
BY ADV. SRI.P.SATHISAN
RESPONDENT(S):
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1. THE DISTRICT REGISTRAR (GENERAL),
OFFICE OF THE DISTRICT REGISTRAR (GENERAL),
SOUTH RAILWAY STATION ROAD, KOCHI-682 016.
2. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT
TAXES DEPARTMENT,
SECRETARIAT, TRIVANDRUM-695 001.
BY GOVERNMENT PLEADER SMT. C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05-01-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 323 of 2016 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1: COPY OF THE APPROVAL LETTER ISSUED BY JAI TO PETITIONER.
EXHIBIT-P2: COPY OF THE REFUSAL LETTER ISSUED BY THE 1ST RESPONDENT
DATED 4/12/15.
EXHIBIT-P3: COPY OF THE JUDGMENT IN W.P.(C) NO.10976 OF 2014 DATED
30.7.2014.
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
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A. MUHAMED MUSTAQUE, J.
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W.P.(C) No. 323 of 2016
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Dated this the 5th day of January, 2016
J U D G M E N T
The petitioner approached the 1st respondent for registration of an Association, by name, "Kerala Ju-jitsu Association", for promotion of Japanese Martial Arts. As per Ext.P2, the application has been rejected on account of the name of the Association is prefixed with the name of the State, "Kerala", which cannot be used in terms of Section 3 of the Emblems and Names (Prevention and Improper Use) Act, 1950 (for short, "the Act"). It is challenging Ext.P2, this writ petition has been filed.
2. In fact, similar issue has been considered by this Court in Ext.P3 judgment. In the light of the same, this Court is of the view that the petitioner is entitled for registration in the name as proposed as, "Kerala Ju-jitsu Association" since the word, "Kerala", referred in the name, only reflects that they are based in Kerala and only W.P.(C) No. 323 of 2016 ..2..
signifies the name of the place and not in violation of Section 3 of the Act.
Therefore, Ext.P2 is set aside and the 1st respondent is directed to register the name of the petitioner, "Kerala Ju-jitsu Association". Needful shall be done within a period of two weeks from the date of the receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bka/7.1.16