IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 19396 of 2006(H) -------------------------------------- PETITIONER: ------------------- SAMASTHA KERALA WARRIER SAMAJAM, MANIMANDIRAM, THRICHODITHANAM, CHANGANACHERRY-686 105, REP. BY ITS GENERAL SECRETARY M.R.SASI. BY ADV. SRI.K.RAMAKUMAR (SR.), SRI.T.RAMPRASAD UNNI, SRI.V.K.SREENATH. RESPONDENTS: ----------------------- 1. DISTRICT REGISTRAR (GENERAL), KOTTAYAM. *ADDL.R2. S. RAMA WARRIER, SOOLITHOTTAM, MYLAKKARA.P.O., KATTAKKADA, THIRUVANANTHAPURAM - 695 512. *IS IMPLEADED AS ADDL.R2. AS PER ORDER DATED 11/10/07 IN I.A. NO. 15790/06. GOVT. PLEADER SRI. MOHAMMED ANZAR FOR R1, ADV. SRI.P.N.MOHANAN FOR ADDL.R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19396/2006-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMUNICATION DTD. 16/11/2005 OF THE RESPONDENT TESTIFYING TO THE FACT OF REGISTRATION OF THE PETITIONER. EXT.P.2: COPY OF THE MINUTES OF THE 3RD ANNUAL GENERAL MEETING OF THE PETITIONER. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P.4: COPY OF THE COMMUNICATION DTD. 25/02/2006 RECEIVED BY THE PETITIONER FROM THE RESPONDENT. EXT.P.5: COPY OF THE COMMUNICATION DTD. 12/06/2006 RCEIVED BY THE PETITIONER FROM THE RESPONDENT. EXT.P.6: COPY OF THE REPLY DTD. 21/06/2006 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.19396 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) To issue a writ of mandamus directing the respondent to allow the change in the name of the petitioner organization as “Warrier Samajam”. ii) To call for the records leading upto Exhibit P4 communication and quash the same by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction. The grievance of the petitioner is that though the petitioner was asked to produce the records, the first respondent has already taken a decision that it will not be possible to change the name under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The first respondent will have to consider the amendments proposed by the petitioner-society, in case the same is done in accordance with law. 2. Therefore, there will be a direction to the first respondent to consider the amendments proposed by the petitioner in accordance with law, untrammelled by the stand W.P.(C) No.19396/06 2 taken in Exhibit P4, with notice to the petitioner and additional second respondent, within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.19396/06 3 KURIAN JOSEPH, J. W.P.(C) No. 19396 OF 2006 J U D G M E N T 24.09.2008