IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 18420 of 2009(V) --------------------------------------- PETITIONER(S): ----------------------- 1. KERALA(ARMSPORT)ARMWRESTLING ASSOCIATION STATE UNIT OF INDIAN ARMWRESTLING FEDERATION.,KOLKATA, RECOGNISED BY WORLD AND ASIAN ARMSPORT FEDERATIONS, REGISTERED OFFICE AT PERMABRA, THRISSUR. REP.BY ITS GENERAL SECRETARY, A.V.VIKRAMAN, AGED 55, S/O.LATE A.K.VELAYUDHAN, RESIDING AT USHUS, PERAMBRA P.O., KODAKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,PIN-680689. 2. A.V.VIKRAMAN, AGED 55, S/O.LATE A.K.VELAYUDHAN, RESIDING AT USHUS, PERAMBRA P.O., KODAKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,PIN-680689. 3. M.D.RAPHEL, AGED 50, S/O.LATE M.DEVASSY, INTERNATIONAL REFEREE FOR THE SPORT ARMWRESTLING, OTHERWISE KNOWN AS PANCHAGUSTHY, RESIDING AT MALIYAKKAL HOUSE, SANJO NAGAR-KHANNA NAGAR, MURINGOOR THEKKUMURI VILLAGE, MUKUNDAPURAM TALUK, CHALAKUDY, TRISSUR DISTRICT, PIN-680 309. BY ADV. MR.LIJOY P.VARGHESE RESPONDENT(S): -------------------------- 1. P.T.SUNDARAN, 8/43, KOORIYAL LANE, KOZHIKODE TOWN, KOZHIKODE DISTRICT, PIN-673032, FORMER SECRETARY OF KOZHIKODE DISTRICT PANCHAGUSTHY ASSOCIATION, ALSO KNOWN AS ARMWRESTLING ASSOCIATION, KOZHIKODE DISTRICT. 2. A.K.BALAKRISHNAN (KKD), A.K.B.GYM, PALAKADA ROAD, PUTHIYANGADI, KOZHIKODE DISTRICT, PIN-673005. W.P.(C) NO.18420/2009 3. KERALA ARMWRESTLING ASSOCIATION, STATE UNIT OF INDIA ARMWRESTLING FEDERATION, KOLKATA, RECOGNISED BY WORLD ARMWRESTLING FEDERATION, CANADA, REP.BY ITS GENERAL SECRETARY, P.T.SUNDARAN, 8/43, KOORIYAL LANE, KOZHIKODE TOWN, KOZHIKODE DISTRICT, PIN-673032. 4. THE DIRECTOR OF SPORTS AND YOUTH AFFAIRS VELLAYAMBALAM, TRIVANDRUM. 5. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT. BY GOVT. PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.18420 of 2009-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of July, 2009. JUDGMENT This writ petition is filed seeking the following reliefs: “a) Issue a writ in the nature of Mandamus or Certiorari or Any other appropriate Writ, Order or Direction, directing the one to three respondents, their agents, employees and any other person claiming through or under them to retreat and withdraw from the attempt to conduct Arm wresting Championship any where in the country of India and in other countries in any manner in the Name and Style KERALA ARMWRESTLING ASSOCIATION, STATE UNIT OF INDIAN ARMWRESTLING FEDERATION, KOLKATA, Recognised by World Armwrestling Federation, Canada, and Emblem attached to it, and which is deceptively similar to that of the petitioners Name and Style WP(C)18420/09 -: 2 :- “KERALA (Armsport) ARMWRESTLING ASSOCIATION, State Unit of Indian Armwrestling Federation, Kolkata, Recognised by World and Asian Armsport Federations”, and Emblem attached to it, b) Directing the one to three respondents to surrender the entire stock of unused letterheads, visiting cards, banners, leaflets, mailers, posters etc., offending the Name, Style and Emblem and services of the petitioners, c) Cost of this Writ Petition(C), d) Issue such other reliefs that this honourable court may deem fit in the nature of this case.” Even without going to the rights, if any, for remedy through courts, the claim of the petitioners is essentially against a rival or a potent opponent; the reliefs sought for being in the realm of law referable to passing-off etc. Petitioners also seek directions to certain private parties to return letterheads, money etc. WP(C)18420/09 -: 3 :- The writ jurisdiction is invoked on the premise that a civil suit will be a long drawn process, it is argued. The further submission is that it may not also be safe, in the physical sense, to go over to Kozhikode to seek reliefs from the courts. These are insufficient, in my view, to entertain this matter in writ jurisdiction. Hence, this writ petition is dismissed without prejudice to contentions. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/020709