Kerala HC Suggests To Maintain Database Of Societies Under Travancore-Cochin Literary Societies Registration Act To Avoid Duplicity Of Names

The Kerala High Court has suggested the establishment of a database of societies registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act ('TC Act'), so that the District Registrars can avoid any dispute regarding names and other particulars between registered societies, and those seeking registration under the Act. 

The Court made the above recommendation in a plea filed by the J.C. Daniel Foundation, Kowdiar, Trivandrum, which is a registered society under the TC Act, alleging that J.C. Daniel Foudation, Perumbayikode, Kottayam, and J.C. Daniel Foundation, Palayam, Thiruvananthapuram were also registered under the Act with the same name.

The petitioner thus claimed that the respondents attempted to pass off as the former.

In response to the same, the Court was informed that the District Registrars were not aware of the 1st petitioner being a registered society, and that the petitioners would have to approach the Inspector General of Registration, who could take necessary action under the statutory scheme, although the said authority could not cancel registrations, which relief can be obtained only under the orders of competent Civil Courts.

"Prima facie, at first blush, this presents a real problem because, if there is no database accessible to the District Registrars, as to whether any other entity has been registered in the same name, then controversies as impelled herein, will keep arising in the future. A proper method, as now available in the case of registration of the Companies and Firms, will certainly have to be put in place with respect to societies seeking registration under the “TC Act”; and it is the suggestion of this Court that the competent Authorities must consider collating all information in a proper Database, so that it can be accessed by the respective Registrars in future," the Single Judge Bench of Justice Devan Ramachandran observed. 

Justice Ramachandran was however quick to add that the afore was only a recommendation, since such a decision was within the policy domain of the competent Authorities.

As regards the present case, the Court opined that the petitioners would have to move the Inspector General of Registration or the competent Civil Court seeking apposite reliefs against the respondent foundations.

It noted that the Court could not enter into affirmative declarations, as the same would require assessment of various relevant factual and documentary materials and inputs, particularly as to the date of registration of the respective entities and so on. 

"In the afore circumstances, I allow this writ petition, leaving full liberty to the petitioners to move the fourth respondent – Inspector General of Registration or the competent Civil Court, through appropriate means. However, if the petitioners are to move the fourth respondent first (Inspector General of Registration) and if it is done within a period of three weeks from the date of receipt of a copy of this judgment, the said Authority will hear them, as also respondents 7 to 12 or any other person who may be required of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months thereafter," the Court ordered, while disposing the plea. 

Counsel for the Petitioners: Advocates R.S. Kalkura, M.S. Kalesh, Harish Gopinath, and P.I. Najumal Hussain

Counsel for the Respondents: Government Pleader Vidya Kuriakose

Citation: 2023 LiveLaw (Ker) 609

Case Title: J.C. Daniel Foundation & Anr. v. State of Kerala & Ors. 

Case Number: WP(C) NO. 29707 OF 2023

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