Kerala High Court
National Ex- Servicemen Co-Ordination ... vs Union Of India on 4 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:57829
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(C) NO. 28511 OF 2025
PETITIONER:
NATIONAL EX- SERVICEMEN CO-ORDINATION COMMITTEE
REPRESENTED BY ITS GENERAL SECRETARY,
K.M. PRATHAPAN, AGED 67, S/O MADHAVAN,
MANIANKOTT BUILDING, K.P. VALLON ROAD,
KADAVANTHRA, COCHIN, PIN - 682020
BY ADVS.
SHRI.K.N.ABHILASH
SHRI.RITHIK S.ANAND
SHRI.RISHI VARMA T.R.
SHRI.MUHAMMED ANEES
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA,
SOUTH BLOCK, NEW DELHI, PIN - 110001
2 THE DEPARTMENT OF EX-SERVICEMEN WELFARE
REP BY ITS SECRETARY, MINISTRY OF DEFENCE,
GOVERNMENT OF INDIA, SOUTH BLOCK,
NEW DELHI, PIN - 110001
2025:KER:57829
WP(C) No.28511 of 2025
2
3 COL R.K. ANAND
COL NWM& M, DIRECTORATE OF NATIONAL WAR
MEMORIAL AND MUSEUM, NATIONAL WAR MEMORIAL,
MINISTRY OF DEFENCE,
C HEXAGON, INDIA GATE CIRCLE, NEAR CHILDREN'S
PARK,
NEW DELHI, PIN - 110001
4 RAM KUMAR
SECRETARY GENERAL, NATIONAL EX SERVICEMEN CO
ORDINATION COMMITTEE, 675 ALIPUR GARHI,
NEW DELHI, PIN - 110001
5 RAM RATTAN DOOHAN
SECRETARY GENERAL, NATIONAL EX SERVICEMEN CO
ORDINATION COMMITTEE, RZH-710E, G. NO.-3,
SIR CHHOTU RAM MARG, RAJ NAGAR-II,
PALAM COLONY, NEW DELHI, PIN - 110077
6 JAYARAJAN V. KANDY
NATIONAL CHAIRMAN,
NATIONAL EX SERVICEMEN CO ORDINATION COMMITTEE,
196 POCKET E, MAYUR VIHAR, PHASE-II,
DELHI, PIN - 110001
BY ADV.
SMT. O.M. SHALINA, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:57829
WP(C) No.28511 of 2025
3
JUDGMENT
Dated this the 4th day of August, 2025
The petitioner states that the petitioner-National
Ex-Servicemen Co-Ordination Committee (NExCC) is an
Organization that has been operational since 05.08.1983. It
was established for promoting the welfare of ex-servicemen
from all branches of the armed forces, including the Army,
Navy and Air Force.
2. The petitioner is an Organization duly recognized
by the Department of Ex-Servicemen Welfare, Ministry of
Defence, Government of India. The petitioner-NExCC, Kerala
is a constituent Unit of NExCC and is also registered under
the Societies Registration Act. The NExCC conducts
numerous welfare activities across the country, which are
regularly documented in their House Magazine.
2025:KER:57829
3. The petitioner-Organization, having its foundation
day on 5th August, had sought for a silent wreath laying at the
National War Memorial paying homage to the Martyrs. The
petitioner had sought permission from the 3 rd respondent on
5th of August, but the permission was granted on 4 th of
August. Permission was also granted to respondents 4, 5 and
6, who have impersonated and used the name of NexCC, as
per Ext P7. In Ext P7, it is seen that respondents 4 to 6 have
misrepresented and used the name of NExCC with a mala
fide intent. The 3rd respondent had granted permission to
respondents 4 to 6 without verifying the actual recognition
they have. Respondents 4 to 6 are neither members of
NExCC, nor recognized by the 2nd respondent. It is evident
from Exts.P8 to P10 that the respondents have no locus
standi in NExCC and is using their name and reputation for
their personal and financial gains.
2025:KER:57829
4. Deputy Solicitor General of India, on instructions,
submits that the petitioner being a National Ex-Servicemen
Co-Ordination Committee and certain slots are free tomorrow
for Wreath Laying Ceremony, if the petitioner makes an
application, the same can be considered and a decision can
be taken in accordance with law.
In the circumstances, the writ petition is disposed of
permitting the petitioner to make an application forthwith in
which event the 3rd respondent will consider the same
forthwith and permit the petitioner to lay the wreath if slots are
available.
Sd/-
N.NAGARESH
JUDGE
hmh
2025:KER:57829
APPENDIX OF WP(C) 28511/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPROVAL GRANTED BY
THE DEPARTMENT OF EX-SERVICEMEN
WELFARE, MINISTRY OF DEFENSE,
GOVERNMENT OF INDIA, DATED 11.09.2019,
Exhibit P2 A TRUE COPY OF THE TRADEMARK
REGISTRATION CERTIFICATE ISSUED IN
FAVOR OF NEXCC BY THE TRADEMARKS
REGISTRY, GOVERNMENT OF INDIA, BEARING
REGISTRATION NO. 6044245 AND DATED
29.07.2023
Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED BY THE GOVERNMENT
OF KERALA, BEARING SOCIETY
REGISTRATION NO. S. NO. 535/1999 AND
DATED 30.06.1999,
Exhibit P4 A TRUE COPY OF THE RELEVANT WEBPAGE
EVIDENCING SUCH RECOGNITION
Exhibit P5 THE TRUE COPY OF THE COMMUNICATION
ISSUED BY THE DEPARTMENT OF EX
SERVICEMEN WELFARE, MINISTRY OF
DEFENSE, GOVERNMENT OF INDIA DATED
02.03.2020
Exhibit P6 THE TRUE COPY OF THE RECENT HOUSE
MAGAZINE DATED MAY, 2025 PUBLISHED BY
THE NEXCC KERALA CHAPTER
Exhibit P7 THE TRUE COPY OF THE NOTICE ISSUED BY
THE 3RD RESPONDENT TO THE PETITIONER
AND THE 4TH, 5TH AND 6TH RESPONDENTS
DATED 28.07.2025
Exhibit P8 THE TRUE COPY OF THE NOTICE ISSUED BY
THE 4TH RESPONDENT DATED NIL
2025:KER:57829
Exhibit P9 THE TRUE COPY OF THE MINUTES OF THE
MEETING DATED 15.06.2025 BY THE 5TH
RESPONDENT
Exhibit P10 THE TRUE COPY OF THE NOTIFICATION
ISSUED ON BEHALF OF THE 4TH RESPONDENT
DATED 30.06.2025
