Kerala High Court
K.P.Abdul Asees vs The District Registrar (General) on 19 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:61908
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
WP(C) NO. 23927 OF 2025
PETITIONER:
K.P.ABDUL ASEES
AGED 74 YEARS
S/O. ABDU, CHAIRMAN,
ASSABAH ASSOCIATION TRUST SOCIETY,
PAVITTAPPPURAM, OTHALUR WEST (PO),
ALAMKODE VILLAGE, PONNANI TALUK,
MALAPPURAM DISTRICT, KERALA.,
PIN - 679591
BY ADVS.
SRI.R.O.MUHAMED SHEMEEM
SMT.NASEEHA BEEGUM P.S.
SMT.ABIDHA M.A.
RESPONDENTS:
1 THE DISTRICT REGISTRAR (GENERAL)
THE DISTRICT REGISTRAR OFFICE (GENERAL)
UP HILL, CIVIL STATION (PO),
MALAPPURAM DISTRICT, PIN - 676505
2 THE INSPECTOR GENERAL OF REGISTRATION
THE DEPARTMENT OF REGISTRATION,
VANCHIYOOR (PO), THIRUVANANTHAPURAM,
KERALA, PIN - 695035
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W.P.(C) No.23927/2025
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3 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
CO-OPERATION AND REGISTRATION DEPARTMENT,
GOVT. SECRETARIAT, MAHATMA GANDHI ROAD,
NEAR CENTRAL STADIUM JUNCTION, STATUE,
PALAYAM, THIRUVANANTHAPURAM, KERALA,
PIN - 695001
BY ADV.
SMT.K. AMMINIKUTTY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2025 AND THE COURT ON 19.08.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.23927/2025
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N. NAGARESH, J.
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W.P.(C) No.23927 of 2025
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Dated this the 19th day of August, 2025
JUDGMENT
~~~~~~~~~
The petitioner is Chairman of a Society formed
for promoting Science, Literature and Fine Arts. The petitioner
seeks to declare that the records relating to Ext.P7
communication dated 23.01.2024 issued by the 1st respondent-
District Registrar (General) is illegal and arbitrary.
2. When the Society was formed, the petitioner
submitted Ext.P1 bye-laws with supporting documents to the 1st
respondent-Registrar for registration of the Society under the
Societies Registration Act. The petitioner states that the 1st
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respondent, on untenabe grounds, issued Ext.P5
communication refusing to register the Society.
3. The petitioner filed W.P.(C) No.37134/203
challenging Ext.P5. The writ petition was disposed of with
directions as per Ext.P6 judgment. In compliance of Ext.P6
judgment, the petitioner filed an application to amend the name
of the applicant. The Registrar, however, yet again rejected the
request for registration as per Ext.P7.
4. The petitioner states that rejection of the
application for registration is on the ground that the word "Trust"
appearing in the name of the Society is unacceptable. There is
no restriction, embargo or prohibition in registering the name
including the word "Trust". The petitioner states that the word
"Trust" has various meanings. From the proposed name of the
Organisation, it is amply clear that the entity is a Society. Ext.P7
is therefore highly arbitrary, contends the petitioner.
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5. I have heard the learned counsel for the
petitioner and the learned Senior Government Pleader
representing the respondents.
6. The application for registration of the Society
stands rejected as per Ext.P7 communication of the 1st
respondent. The proposed name of the Organisation is
"Assabah Association Trust Society". The 1st respondent
observed that Societies registered under the Societies
Registration Act and Trusts formed under the Trust Laws have
different characteristics. A Trust is an Organisation which
supervises property/money held by it and used for beneficiaries.
A Society is an Organisation indicating a collection of people
who share a common intererst or common culture. The use of
the word "Trust" in the name of the Society would mislead the
general public dealing with the Society. The 1st respondent
therefore required the petitioner to amend the name excluding
the word "Trust".
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7. I find considerable force in the reasoning given
by the 1st respondent in Ext.P7 communication. It is the primary
duty of the Registrar appointed under the Societies Registration
Act to protect the interests of the members of the Society as well
as the interest of the general public. Using of the word "Trust" is
indeed likely to mislead the citizens dealing with the Society as
regards the nature and assets of the Organisation. The 1st
respondent is therefore justified in rejecting the request as per
Ext.P7 communication.
8. It is to be noted that the Registrar has not
totally denied the right of the petitioner to register the Society.
The only suggestion is to amend the name of the Society, in
larger public interest.
The writ petition is therefore without any merit
and it is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/18.08.2025
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APPENDIX OF WP(C) 23927/2025
PETITIONER'S EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE BYELAW OF THE ASSABAH
ASSOCIATION TRUST SOCIETY.
EXHIBIT-P2 A TRUE COPY OF THE APPLICATION DATED
20.05.2022 SUBMITTED TO THE 1ST
RESPONDENT.
EXHIBIT-P3 A TRUE COPY OF THE RECEIPT DATED
23.05.2022 ISSUED BY THE OFFICE OF THE 1
ST RESPONDENT.
EXHIBIT-P4 A TRUE COPY OF THE JUDGMENT DATED
09/08/2023 IN WP© NO. 26230 OF 2023.
EXHIBIT-P5 A TRUE COPY OF THE IMPUGNED
COMMUNICATION DATED 18/09/2023,
DRGMPM/1881/2023-S2, ISSUED BY THE 1 ST
RESPONDENT
EXHIBIT-P6 A TRUE COPY OF JUDGMENT DATED 09/11/2023
IN WP© NO 37134 OF 2023.
EXHIBIT-P7 A TRUE COPY OF THE COMMUNICATION
REJECTING THE REGISTRATION DATED
23.01.2024, IN NO. DRGMPM/1881/2023-S2,
ISSUED BY THE 1 ST RESPONDENT
