Kerala High Court Recommends Implementation Of Database For Registered Societies To Avoid Name Duplicacy
The Kerala High Court has held that the lack of an accessible database for District Registrars regarding registered societies leads to issues of duplicate name registration. The Court, to resolve this issue, recommended the establishment of a proper database for registered societies.
Justice Devan Ramachandran observed, “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. This is, of course, only a commendation, because this Court cannot command such an action - it being within the policy domain of the competent Authorities”.
Advocate R.S.Kalkura appeared for the Petitioner and Government Pleader Vidya Kuriakose appeared for the Respondents.
The Petitioner contended that the Respondents numbered one to seven, were allowed to be registered by the same name as the Petitioner by the District Registrar. They also alleged that they had registered by the said name first and therefore the registration of the Respondent ought to be canceled.
The Court noted that the issue arises from the fact that there is no universal database accessible to the District Registrars, as to whether any other entity has been registered in the same name. The Court suggested that competent Authorities must consider collating all information in a proper Database so that the respective Registrars can access it in the future.
Furthermore, the Court noted that the Petition would have to seek relief before the Inspector General of Registration or the competent Civil Court.
“As far as this particular case is concerned, the petitioners certainly will have to move the Inspector General of Registration or the competent Civil Court seeking apposite reliefs against respondents 7 and 10; and it would not be possible for this Court, while acting under Article 226 of the Constitution of India, to enter into affirmative declarations, since it will require assessment of various relevant factual and documentary materials and inputs, particularly as to the date of registration of the respective entities and such other”, the Court noted.
Accordingly, the Court allowed the Petition.
Cause Title: J.C. Daniel Foundation v State Of Kerala (2023:KER:65334)
