IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 27692 of 2009(S) -------------------------- PETITIONER(S): --------------- DIJO KAPPEN, MANAGING TRUSTEE,CENTRE FOR CONSUMER EDUCATION, (REG.NO.497/88),MAIN ROAD,PALA,KOTTAYAM DISTRICT. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REP.BY ITS CABINET SECRETARY,SECRETARIAT, RASHTRAPATHI BHAVAN,NEW DELHI-110004. 2. MONTBLANC INTERNATIONAL GMBH, HELLGRUNDWEG 100,22525 HAMBURG,GERMANY, REP.BY ITS CEO LUTZ BETHGE. 3. ENTRACK INTERNATIONAL TRADING PRIVATE LIMITED,414,STAR PLAZA,JASANI ROAD,RAJKOT,360001, REP.BY ITS MANAGING DIRECTOR DILIP DOSHI. 4. MINISTRY OF CONSUMER AFFAIRS, REP.BY THE SECRETARY,DEPARTMENT OF CONSUMER AFFAIRS,KRISHI BHAVAN,NEW DELHI-1. ADV. SRI.C.A.MAJEED FOR R2 SMT.DEEPTHI MARY VARGHESE FOR R2 SRI.K.H.ASIF FOR R2 SRI.P.PARAMESWARAN NAIR,ASST.S.G OF INDIA FOR R1 & R4 SRI.C.A.MAJEED FOR R3 SMT.DEEPTHI MARY VARGHESE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.P(C).No. 27692 of 2009 ---------------------------------------------- Dated this the 24th day of May, 2011 JUDGMENT Antony Dominic, J. This Writ Petition was filed in public interest with the following prayers: “i) Issue a writ of mandamus or any other appropriate writ, order or direction prohibiting the marketing and sale of “Mahatma Gandhi Limited Edition-241” and “Mahatma Gandhi Limited Edition 3000” luxury pens which uses the name and the pictorial representation of Mahatma Gandhi in India; ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st and 4th respondents to give wide publicity to the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 to ensure that such improper uses are not repeated henceforth.” 2. On 23rd February, 2010, this Court passed an order recording an undertaking given by the learned counsel for respondents 2 and 3, which reads as follows: WP(C).27692/09 2 “While considering the interim relief prayed for by the petitioner, Sri.Praveen Anand, learned counsel appearing for respondents 2 and 3, submitted that his clients have authorised him to undertake in court that the Mahatma Gandhi Limited Edition pens made will not be sold until further orders from this Court. This undertaking is recorded. Respondent No.2 or 3 will file an affidavit/undertaking to this effect before this Court within three days. Post on 1.3.2010.” 3. Subsequently, a statement has been file by the third respondent on 30th December, 2010, which reads as follows: “This respondent is the distributors in India for the products of the 2nd respondent. This respondent has discontinued the sale of Mahatma Gandhi line of pens in India. This respondent also undertakes that no further sale of the pens under dispute will be carried out hereinafter. This statement is filed on the basis of the instructions received from 2nd respondent.” 4. Irrespective of the merits of the controversy raised, in view of the undertaking that has been given by the third respondent as extracted above, all that is necessary is to record the aforesaid undertaking and on that basis close this Writ Petition. WP(C).27692/09 3 5. Accordingly, this Writ Petition is closed recording the undertaking given by the third respondent. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs