Kerala High Court
Sacred Heart Mount Monastery ... vs Government Of India on 11 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) No.535/2023 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Tuesday, the 11th day of March 2025 / 20th Phalguna, 1946
WP(C) NO. 535 OF 2023
PETITIONERS:
1. SACRED HEART MOUNT MONASTERY, NATTASSERY, SH MOUNT P.O., KOTTAYAM,
KERALA , INDIA REPRESENTED BY FATHER STEPHEN THOMAS, CHIEF
FUNCTIONARY., PIN - 686006
2. ST. JOSEPH'S PROVINCE OF CST FATHERS, ST. JOSEPH'S PROVINCIAL
HOUSE, ERUMATHALA P.O., ALWAYE, ERNAKULAM , INDIA REPRESENTED BY
FATHER FRANCIS CHITTINAPILLY PAULOSE, CHIEF FUNCTIONARY., PIN -
683112
3. KOLBE ASHRAM, MILLUPADI, U.C. COLLEGE P.O., ALWAYE, ERNAKULAM ,
INDIA REPRESENTED BY FATHER PAUL JOSEPH POTHANATTUVELIYIL, CHIEF
FUNCTIONARY. , PIN - 683102
4. HOLY FAMILY MONASTERY, CHITTOOR ROAD, ERNAKULAM NORTH P.O.,
ERNAKULAM , INDIA REPRESENTED BY ANTONY P.J., CHIEF FUNCTIONARY.,
PIN - 682018
5. ST. ANTONY'S CONVENT, KARA P.O., EDAVILANGU, KODUNGALLOOR, THRISSUR
, INDIA REPRESENTED BY JIGI MICHAEL, CHIEF FUNCTIONARY. , PIN -
680671
6. OBLATE MISSIONARIES OF MARY IMMACULATE, VIMALA MATHA HOUSE,
CHANGANACHERRY P.O., KOTTAYAM , INDIA REPRESENTED BY ALEYAMMA
THOMAS, CHIEF FUNCTIONARY., PIN - 686101
7. AMALA BHAVAN, AMALA HOSPITAL CAMPUS, KUNNAMKULAM ROAD, AMALANAGAR
P.O. PUZHAKKAL, THRISSUR , INDIA REPRESENTED BY ANTONY PARAMBAN,
CHIEF FUNCTIONARY., PIN - 680555
8. SHANTHI BHAVAN SOCIETY, SHANTHI BHAVAN, ASOKAPURAM P.O., ALWAYE,
ERNAKULAM , INDIA REPRESENTED BY JESSY JOSEPH, CHIEF FUNCTIONARY.,
PIN - 683101
9. OUR LADY OF ROGATE ASHRAM, ROGATE ASHRAM, WEST DESOM, KARUKUTTY P.O.
MOOKANNUR, ERNAKULAM , INDIA REPRESENTED BY FATHER SAJI VARGHESE,
TREASURER. , PIN - 683576
RESPONDENTS:
1. GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FOREIGN DIVISION
(FCRA WING), MAJOR DHYAN CHAND NATIONAL STADIUM, OUTER INDIA GATE,
NEW DELHI REPRESENTED BY DIRECTOR (FC&MU) , PIN - 110001
2. UNDER SECRETARY (MU), GOVERNMENT OF INDIA, MINISTRY OF HOME
AFFAIRS, FOREIGN DIVISION (FCRA WING), MAJOR DHYAN CHAND NATIONAL
STADIUM, OUTER INDIA GATE, NEW DELHI , PIN - 110001
3. THE DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME
AFFAIRS, FOREIGNERS DIVISION, FCRA WING, FIRST FLOOR, MAJOR DHYAN
CHAND NATIONAL STADIUM, NEW DELHI , PIN - 110001
4. THE DIRECTOR (FCRA), MINISTRY OF HOME AFFAIRS, FOREIGNERS DIVISION,
FCRA WING, FIRST FLOOR, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA
WP(C) No.535/2023 2/2
GATE CIRCLE, NEW DELHI , PIN - 110001
5. NITI AAYOG, SANSADMARG, SANSAD MARG AREA, NEW DELHI, DELHI , PIN -
110001
6. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CENTRAL REVENUE BUILDING,
I.S PRESS ROAD, KACHERIPADY, KOCHI , PIN - 682018
7. THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
FOREIGNERS DIVISION (FCRA WING), NEW DELHI , PIN - 110002
Writ petition (civil) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(C)
the High Court be pleased to
A. direct the Respondents to allow the Petitioners to
accept physically filed the annual returns for the year
2019-2020 for the purpose of renewing the FCRA registration.
B. direct the Respondents by issue of a writ of mandamus or
such other appropriate writ, direction or order to grant a
provisional renewal of FCRA registration and permit the
Petitioners to receive foreign contribution.
Pending hearing and final disposal of the Writ
Petition.
This petition again coming on for orders upon perusing the
petition and the affidavit filed in support of WP(C) and this
Court's order dated 09.01.2025 and upon hearing the arguments
of M/S ABRAHAM JOSEPH MARKOS, V.ABRAHAM MARKOS, ISAAC THOMAS,
P.G.CHANDAPILLAI ABRAHAM, ALEXANDER JOSEPH MARKOS, SHARAD JOSEPH
KODANTHARA, JOHN VITHAYATHIL and AIBEL MATHEW SIBY, Advocates
for the petitioners and of DEPUTY SOLICITOR GENERAL OF INDIA for
the Respondents, the court passed the following:
ORDER
The interim order is extended by four months.
Post for hearing along with connected cases.
Sd/- C.S.DIAS JUDGE 11-03-2025 /True Copy/ Assistant Registrar