High Court · 2025

W.P.No.1375 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 10.11.2025CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.No.1375 of 2025& WMP.No.42789 of 2025M/s.Rotary Club of Salem Central (Registered),20/4, SCCB Colony Third Street, Mahendrapuri, Salem – 636 008.Represented by its President Mr.Jayaseelan GopalakrishnanEmail; resalemcentral @ gmail.com, Phone; 9244440003 ... Petitioner Vs.1.The Government of India,Through the Home Secretary,Ministry of Home Affairs, Room No;13, North BlockNew Delhi – 110 001,Email; hshso @nic.in , Phone; 011 – 23092989, 230930312.The Secretary, Ministry of Corporate Affairs,A Wing, Shastri Bhawan, Rajendra Prasad Road,New Delhi – 110 001,Email; [email protected], Phone; 011 – 233823243.Director General of Corporate Affairs,Kota House Annexe, 1, Shahjahan Road,_________Page 1 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025New Delhi – 110 001,Email: shorey.sanjay @ gov.in,Phone: 011 – 233812264.Registrar of Companies (ROC)4th Floor, IFCI Tower, 61, Nehru Place,New Delhi – 110 019,Email: roc.delhi @ mca.gov.in,phone: 011 – 26235703, 262357085.Reserve Bank of India, Foreign Exchange Department,11th Floor, Central Office Building,Shahid Bhagat Singh Road,Mumbai – 400 001.Email; cgmincfed @rbi.org.in ,Phone: 022- 226106286.Directorate General of Income Tax (Intelligence & Criminal Investigation)Room No.230, 2nd Floor, Jawahar Lal Nehru Stadium, New Delhi – 110 003,Email: dgit.icinv @incometax.gov.in ,phone: 011-24363582, 90138506087.Controller General of Patents, Designs & Trade Marks (CGPDTM)Intellectual Property India,Patents/Designs/Trade Marks/Geographical indications,Boudhik Sampada Bhavan, Antop Hill, S.M.Road,Mumbai – 400 037Email: cgoffice-mh @nic.in , Phone: 022 -24137701_________Page 2 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 20258.Head of Office, Trade Marks Registry Delhi,Boudhik Sampada Bhawan, Plot No.32,Sector 14, Dwarka, New Delhi – 110 078,Email: hodel.tmr @nic.in , Phone: 011-28031838, 28032406/1009.Joint Director (Intelligence),Directorate of Enforcement,Headquarters Office,Pravartan Bhawan,APJ Abdul Kalam Road,New Delhi – 110 011E-mail: ed-del-rev @nic.in ,Phone: 011 – 2333911710.Rotary InternationalOne Rotary Center, 1560 Sherman Ave.Evanston, IL 60201-3698, USA.Rep. By its Director, Mr.A.S.Venkatesh,Communication Address in India: 32/1, 32/2, Kamatchi Apartments,10th Avenue, Ashok Nagar, Chennai – 600 083Email: venkatesh @grouppopular.com ,general.secretary @rotary.org Mobile: 984102505411.Rotary International South Asia OfficeRep. By its Head-South Asia, Mr.Rajeev Ranjan,Pullman/Novotel Commercial Tower, First Floor,Asset No.2, Hospitality District, Aerocity (Near IGI Airport)New Delhi – 110 037Email: rajeev.ranjan @rotary.org.Phone : 91 11 42250101-0512.Rotary Foundation (INDIA),Rep. By its Chairman,_________Page 3 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025Rotary International South Asia Office,Pullman/Novotel Commercial Tower, First Floor,Asset No.2, Hospitality District, Aerocity (Near IGI Airport),New Delhi – 110 037Email: rfiinfo @rotary.org , Phone: 91 11 42250101 - 05 ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 9 to take appropriate legal action, including investigation, prosecution, and prohibition, against Respondents 10 to 12 for violating the petitioner's constitutional rights under Article 19(I)(c) and statutory provisions, considering the petitioner's representations/grievances dated 13.08.2024, 20.08.2024, and 20.09.2024 within the stipulated timeline and to award costs and reasonable compensation for damages caused to the petitioner association. For Petitioner : Jayaseelan Gopalakrishnan Party-in-personFor Respondents: Mr.R.Rajesh Vivekananthan Dy.SGI for R1 to R4 & R7 & R8 M/s.T.Poornam for R5 Ms.S.Premalatha for R6 Mr.Nithyaesh Nataraj for Mr.Vaibhav R.Venkatesh for R11 and R12 _________Page 4 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025O R D E RThis Writ Petition has been filed for directing the respondents 1 to 9 to take appropriate legal action, including investigation, prosecution, and prohibition, against Respondents 10 to 12 for violating the petitioner's constitutional rights under Article 19(1)(c) and statutory provisions, considering the petitioner's representations/grievances dated 13.08.2024, 20.08.2024, and 20.09.2024 within the stipulated timeline and to award costs and reasonable compensation for damages caused to the petitioner association. 2. The case of the petitioner is that two organizations, Rotary International South Asia Office (RISAO), located at Pullman/Novotel Commercial Tower, First Floor, Asset No.2, Hospitality District, Aerocity (Near IGI Airpor) New Delhi 110 037, and its 99.99% shareholder, the foreign organization Rotary International (RI) located at One Rotary Center, 1560 Sherman Avenue Evanston, Illinois 60201 – 3698, United States of America, have colluded and falsely claimed to be the owners of the _________Page 5 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025unregistered trademarks “Rotary Club”, “Rotarian”, “Rotary Club of Salem Central” and “Rotary Club of Komarapalayam” in India. Acting in bad intention, they have sent a letter dated 11.03.2020, threatening to cancel the registration of the petitioner associations, Rotary Club of Salem Central and Rotary Club of Komarapalayam, Which are duly registered under the Tamil Nadu Societies Registration Act,1975, and to prohibit the petitioner association from using their Registered association's name. 3.As against the respondents 10 to 12, the petitioner made a RTI Application to the fifth respondent RBI and in response, the fifth respondent RBI Vide letter dated 03.09.2024 confirmed that the Rotary International, Illinois, USA has not been granted any approval under the Foreign Exchange Management (Establishment in India of a branch office or a liasion office or a project office or any other place of business) Regulations, 2016 to establish a branch office/any other office in India.4.As per sub-section(6) of the Foreign Exchange Management Act, 1999 (42 of 1999), prohibition, restrictions, and regulations are imposed on _________Page 6 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025foreign companies establishing offices in India. RISAO, which is claimed to be the Indian office of R1, has not been established in accordance with the Foreign Exchange Management (Establishment in India of branch or office or other place of business) Regulations 2000. Instead, it is registered under Section 25 of the Companies Act, 1956. Further, the respondents 10 to 12 have received contributions from foreign countries, which is in violation of the Foreign Exchange Mangement Act, 1999. For the above said violation, the petitioner made a representation before the respondents 1 to 9, however, no action was taken. Hence, the present Writ Petition. 5.The party-in-person would submit that a direction be issued to the respondents 1 to 9 to take action on the representation of the petitioner dated 13.08.2024, 20.08.2024, and 20.09.2024 within the stipulated time as fixed by this Court and accordingly, he prays for appropriate orders.6.Per contra, Mr.R.Rajesh Vivekananthan, learned Deputy Solicitor General appearing for the respondents 1 to 4 and 7 and 8 would submit that already the petitioner made a private complaint before the Judicial _________Page 7 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025Magistrate No.IV, Salem in Crl.M.P.No.1973 of 2022 and CC.No.113 of 2023 as against the private respondents. As against the cognizance taken by the Judicial Magistrate No.IV, Salem, M/s.Rotary International South Asia Office and one Vasu filed Criminal Revision Petitions before this Court in CRL.RC.No.459 of 2024 and Crl.R.C.No.509 of 2023 and the Revisions were allowed by this Court on 01.08.2024. However, as far as the present grievance expressed by the petitioner, if the respective statutory authorities arrived at a conclusion that a violation has taken place allegedly committed by the respondents 10 to 12, appropriate action will be initiated on their own and not on behalf of the petitioner. Accordingly, he prays for dismissal of the writ petition. 7.The learned counsel appearing for the fifth respondent Reserve Bank of India would submit that if there is any violation as alleged by the petitioner, the remedy available to the petitioner before the Enforcement Directory or the Registrar of Companies for violation of the Companies Act. No complaint can be entertained by the Reserve Bank of India directly. He would also submit that in respect of violation of Trademark as alleged by the _________Page 8 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025petitioner, the petitioner has to work out his remedy as per Section 57 of the Trade Marks Act, and not before the Government of India.8.In view of the statement made by the respective counsel for respective Government bodies, the writ petition is dismissed, with liberty to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, the connected miscellaneous petition is closed. 10.11.2025Tsg NCC: Yes / NoIndex : Yes / NoSpeaking Order : Yes / NoTo1.The Government of India,Through the Home Secretary,Ministry of Home Affairs, Room No;13, North BlockNew Delhi – 110 001,Email; hshso @nic.in , Phone; 011 – 23092989, 230930312.The Secretary, Ministry of Corporate Affairs,A Wing, Shastri Bhawan, Rajendra Prasad Road,New Delhi – 110 001,_________Page 9 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025Email; [email protected], Phone; 011 – 233823243.Director General of Corporate Affairs,Kota House Annexe, 1, Shahjahan Road,New Delhi – 110 001,Email: shorey.sanjay @ gov.in,Phone: 011 – 233812264.Registrar of Companies (ROC)4th Floor, IFCI Tower, 61, Nehru Place,New Delhi – 110 019,Email: roc.delhi @ mca.gov.in,phone: 011 – 26235703, 262357085.Reserve Bank of India, Foreign Exchange Department,11th Floor, Central Office Building,Shahid Bhagat Singh Road,Mumbai – 400 001.Email; cgmincfed @rbi.org.in ,Phone: 022- 226106286.Directorate General of Income Tax (Intelligence & Criminal Investigation)Room No.230, 2nd Floor, Jawahar Lal Nehru Stadium, New Delhi – 110 003,Email: dgit.icinv @incometax.gov.in ,phone: 011-24363582, 90138506087.Controller General of Patents, Designs & Trade Marks (CGPDTM)Intellectual Property India,Patents/Designs/Trade Marks/Geographical indications,_________Page 10 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025Boudhik Sampada Bhavan, Antop Hill, S.M.Road,Mumbai – 400 037Email: cgoffice-mh @nic.in , Phone: 022 -241377018.Head of Office, Trade Marks Registry Delhi,Boudhik Sampada Bhawan, Plot No.32,Sector 14, Dwarka, New Delhi – 110 078,Email: hodel.tmr @nic.in , Phone: 011-28031838, 28032406/1009.Joint Director (Intelligence),Directorate of Enforcement,Headquarters Office,Pravartan Bhawan,APJ Abdul Kalam Road,New Delhi – 110 011E-mail: ed-del-rev @nic.in ,Phone: 011 – 23339117_________Page 11 of 12 https://www.mhc.tn.gov.in/judis W.P.No.1375 of 2025M.DHANDAPANI, J. TsgW.P.No.1375 of 2025& WMP.No.42789 of 202510.11.2025_________Page 12 of 12