Indian Coast Guard Veterans Welfare Associaiton(Regd), v. The Union Of India Rep By Its Secretary,
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Indian Coast Guard Veterans Welfare Association (regd), Represented By Its Secretary Mr. P.K.Babu, Having Registered Office at No.H7/8, Sunrise Apartments, 2nd Avenue, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai -600 041.
Petitioner(s) Vs
1. The Union of India Rep by its Secretary, Government Of India, Ministry Of Defence, Room No. 101, South Block, New Delhi -110 011.
2.The Director General, Indian Coast Guard, Tatrakshak Mukhalaya, Coast Guard Headquarters, National Stadium Complex, New Delhi -110 001.
Respondent(s)
2/8 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in connection with the impugned order passed by the 2nd Respondent in OF/0298/12-VC/Gen dated 03.05.2023 and the subsequent reply in OF/0298/12-VC/Gen dated 05.03.2024 and quash the same and further direct the 2nd Respondent in recognize/approve the petitioner's association within a reasonable time.
For Petitioner(s):
Mr.S.Sivakumar For Respondent(s):
Mr.M.Ramamoorthi Standing Counsel
ORDER
This writ petition has been filed challenging the impugned proceedings of the 2 nd respondent dated 03.05.2023 and the subsequent reply dated 05.03.2024 and for a direction to the 2 nd respondent to recognise/approve the petitioner Association.
2.The case of the Association is that it is registered Association consisting of nearly 300 members who have rendered their service for Indian Coast Guard. The retired Veterans wanted to form an Association in the name and style of 'Indian Coast Guard Veterans Welfare Association' for the welfare of the retired
3/8 persons and their families. An application was submitted under the Tamil Nadu Societies Registration Act and the Association was registered vide Registration No.294 of 2018. Thereafter, the petitioner made a request to the respondents to approve their Association. The same has been rejected by the 2 nd respondent through communication dated 03.05.2023 on the ground that the name of the Association containing "Indian Coast Guard" is contrary to Section 3 of Emblems and Names (Prevention of Improper Use) Act, 1950 read with Entry 7 of the Schedule and Section 9(c) of the Tamil Nadu Societies Registration Act, 1975. That apart, there was no procedure in the available law to recognize any Association formed to act on behalf of the Coast Guard Veterans. Thereafter, a reply was also given by the 2 nd respondent dated 05.03.2024 to the same effect. Aggrieved by the same, the present writ petition has been filed before this Court.
3.The respondents have filed a counter affidavit and they have reiterated the stand taken in the impugned communication. Accordingly, the respondents have sought for the dismissal of this writ petition.
4/8 4.This Court has carefully considered the submissions made on either side and the materials available on record.
5.The respondents have put two grounds against the petitioner Association. The first ground is that the name of the Association includes the term "Indian Coast Guard" and the same is contrary to the prevailing enactments. The second ground is that there is no procedure available to recognize any Association formed on behalf of the Coast Guard Veterans. 6.Insofar as the registration of the petitioner Association is concerned, that has already been done by the District Registrar under the Tamil Nadu Societies Registration Act and the petitioner Association has been registered vide Registration No.294 of 2018. The concerned authority did not find anything objectionable about the name. The members forming part of the Association must give some indication behind the object of forming such an Association. Admittedly, the members of the petitioner Association have
5/8 worked in the Indian Coast Guard and they have retired. For the Armed Forces, Zila Sainik Boards is available in each District for the retired persons to express their grievance. However, no such facilities are available for the Coast Guard personnel. Therefore, the Veteran's decided to form an Association so that if there is any grievance, it can be informed to the Association who thereafter can place it before the concerned authority. There is nothing objectionable in the name chosen by the petitioner Association, since all of them had actually worked in the Indian Coast Guard and retired. Accordingly, the first objection made by the 2 nd respondent is unsustainable.
7.Insofar as the second objection stating that there is no procedure available for recognizing the Association, it is brought to the notice of this Court that the Government of India, Ministry of Defence has already issued guidelines dated 06.03.2018 for recognition of Ex-Service Men's Association. This guideline must be followed by the 2 nd respondent for the purpose of considering the request made by the petitioner. Accordingly, the second ground put against the petitioner by the 2 nd respondent is also set aside.
6/8 8.In the light of the above discussion, the impugned proceedings of the nd respondent dated 03.05.2023 and the subsequent reply dated 05.03.2024, are hereby set aside and there shall be a direction to the 2 nd respondent to consider the request for approval made by the petitioner in line with the guidelines issued by the Government of India, Ministry of Defence dated 06.03.2018. This process shall be completed by the 2 nd respondent, within a period of eight weeks from the date of receipt of copy of this order. 9.In the result, this writ petition stands allowed with the above direction. No Costs.
20-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
7/8 To
1. The Secretary, Union of India Government Of India, Ministry Of Defence, Room No. 101, South Block, New Delhi -110 011.
2.The Director General, Indian Coast Guard, Tatrakshak Mukhalaya, Coast Guard Headquarters, National Stadium Complex, New Delhi -110 001.
8/8 N.ANAND VENKATESH J.
ssr 20-08-2025