Madras High Court
Patti Anne Tower vs The Foreigners Regional Registration ... on 3 October, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.(MD)No.4617 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.10.2023
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.(MD)No.4617 of 2020
and
W.M.P.(MD)Nos.3971 and 3972 of 2020
Patti Anne Tower,
D/o. Colon Tower,
Managing Trustee,
AEON Trust,
AEON Centre for Cosmology,
SKAMBHA Estate,
Pethuparai, Perumalmalai,
Kodaikanal Taluk,
Dindigul District. .. Petitioner
Versus
1.The Foreigners Regional Registration Officer,
Foreigners Regional Registration Office,
No.26, Haddows Road,
Shastri Bhavan Annexe,
Nungambakkam,
Chennai.
2.The Foreigners Regional Registration Officer/
Civil Authority,
Bureau of Immigration,
(MHA), Government of India,
Chennai – 600 006. .. Respondents
Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Certiorarified Mandamus, calling for the records pertaining to
https://www.mhc.tn.gov.in/judis
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W.P.(MD)No.4617 of 2020
the impugned notice, bearing No.F14/FRRO/CH/2020-1046, dated
27.02.2020, issued by the second respondent, quash the same on the ground
that the same is arbitrary, illegal and without any legal basis and consequently,
directing the respondents to issue the Visa without insisting the petitioner to
resign from the Managing Trusteeship of AEON Trust, SKAMBHA Estate,
Pethuparai, Perumalmalai, Kodaikanal Taluk, Dindigul District, on her
application dated 31.01.2020.
For Petitioner : Mr.R.Shankar Ganesh
For Respondents : Ms.B.Deepa
Central Government Standing Counsel
ORDER
This Writ Petition was filed challenging the impugned notice issued by the second respondent in F14/FRRO/CH/2020-1046, dated 27.02.2020, and for a direction to the respondents to issue Visa to the petitioner based on her application, dated 31.01.2020.
2. When the matter came up for hearing on 13.03.2020, this Court passed the following order:-
''An affidavit has been filed by the petitioner, in which, the petitioner had stated as follows:
''4. I respectfully submit that I never insisted or requested any of the Trustee to appoint me either as a trustee as a managing trustee of AEON Trust. The trust was https://www.mhc.tn.gov.in/judis 2/6 W.P.(MD)No.4617 of 2020 founded by a foreigner for the benefit of Indians and also to the worldwide in the subject of cosmology. On her demise, the other remaining trustees felt that I am the opt person to continue as a Managing Trustee to fulfill the goals of founding trustee Patrizia Norelli-Bachelet as I was the one who spent all along the time with her and assisted her.
5. I respectfully submit that there is no monetary or any other benefit for me for holding the position as a Managing Trustee of AEON Trust and it is a voluntary service and there is no remuneration for the same. After the argument in the above Writ Petition before this Hon'ble Court in the last instance, my counsel on Record suggested me to resign from AEON Trust. I could understand that this Hon'ble Court might have directed me to resign from the Trust. Accordingly, I submitted my resignation to the AEON Trust on 05.03.2020 and the same was accepted by the Trust members. The authorised trustee of the AEON Trust sent a letter to FRRO (i.e.) the first respondent herein accepting my resignation on the same day.
6. I respectfully submit that in the event of my resignation from AEON Trust I also complied with the 7 days notice issued by the 2nd respondent bearing No.F14/FRRo/CH/2020-1046.
7. I respectfully submit that I will continue my service as a volunteer and I will render my fullest co-
operation to the AEON Trust as a Volunteer.'' https://www.mhc.tn.gov.in/judis 3/6 W.P.(MD)No.4617 of 2020
2.The respondents may therefore in view of the stand taken by the petitioner, issue visa, to the petitioner and file a status report before this Court on 27.03.2020.
3.However, the authorised Trustee Mr.P.Thirupathi Raj, may also file an affidavit before this Court explaining as to what he actually intended to convey in his letter dated 05.03.2020. The said authorised trustee may also specifically state in his affidavit whether the resignation of the petitioner is accepted or not.
4.For filing that affidavit, call the matter on 27.03.2020.''
3. When the matter was taken up for hearing today, a communication, dated 05.01.2022, that was received from the FRRO, was placed before this Court.
4. The learned counsel for the petitioner submitted that the petitioner continues to render her service as Volunteer, since she has already resigned as a Trustee from the Trust and that the Visa of the petitioner is also being renewed from time to time.
5. Recording the above submission, this Writ Petition is disposed of.
No costs. Consequently, connected Miscellaneous Petitions are closed.
Index : Yes/No 03.10.2023
Internet
https://www.mhc.tn.gov.in/judis : Yes
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W.P.(MD)No.4617 of 2020
To
1.The Foreigners Regional Registration Officer, Foreigners Regional Registration Office, No.26, Haddows Road, Shastri Bhavan Annexe, Nungambakkam, Chennai.
2.The Foreigners Regional Registration Officer/ Civil Authority, Bureau of Immigration, (MHA), Government of India, Chennai – 600 006.
https://www.mhc.tn.gov.in/judis 5/6 W.P.(MD)No.4617 of 2020 N.ANAND VENKATESH, J.
smn2 W.P.(MD)No.4617 of 2020 and W.M.P.(MD)Nos.3971 and 3972 of 2020 03.10.2023 https://www.mhc.tn.gov.in/judis 6/6