Kerala High Court
Congregation Of Sisters Of St. Agata vs Union Of India on 11 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) No.34873/2023 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. 34873 OF 2023 (H)
PETITIONERS:
1. CONGREGATION OF SISTERS OF ST. AGATA, PROVIDENCE CONVENT, ALUVA,
ERNAKULAM, KERALA, REPRESENTED BY REV. SR. ALPHONSA MATHEW,
COMMITTEE MEMBER, PIN - 683 108.
2. CHERUPUSHPASHRAM, MONNAMTHODE, POOVATHODE, PALA, KOTTAYAM,
REPRESENTED BY FR. MATHEW MUNDIATHU, SUPERIOR, PIN - 686 578.
3. ANNUNCIATION CONVENT, SOUTH KALAMASSERY, ERNAKULAM, KERALA,
REPRESENTED BY REV. SISTER MARY K.F., CHIEF FUNCTIONARY, PIN - 682
022.
4. SEVAGRAM TRUST, POTHY, THALAYOLA PARAMBU P.O., KOTTAYAM, REPRESENTED
BY JAIMON O.P., CHIEF CO-ORDINATOR, PIN - 686 605.
5. ST. GEORGE'S MONASTERY, KUNNAMKULAM, THRISSUR, REPRESENTED BY JOSE
KOCHUVARKEY C., SUPERIOR/PRIOR, PIN - 680 503.
6. MARIYALAM SOCIAL CENTRE, SREEMOOLANAGARAM, ERNAKULAM DISTRICT,
REPRESENTED BY NISHA JOSEPH, PRESIDENT, PIN - 683 580.
RESPONDENTS:
1. UNION OF INDIA, MINISTRY OF HOME AFFAIRS, FOREIGN DIVISION-FCRA
WING, MAJOR DHYAN CHAND NATIONAL STADIUM, OUTER INDIA GATE, NEW
DELHI, REPRESENTED BY ITS DIRECTOR-FC AND MU., PIN - 110 001.
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 - 110 001.
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 - 110 001.
4. THE DIRECTOR (FCRA), MINISTRY OF HOME AFFAIRS, FOREIGNERS DIVISION,
FCRA WING, FIRST FLOOR, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA
GATE CIRCLE, NEW DELHI, PIN - 110 001.
5. NITI AAYOG, SANSAD MARG, SANSAD MARG AREA, NEW DELHI, DELHI, PIN -
110 001.
6. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CENTRAL REVENUE BUILDING,
I.S PRESS ROAD, KACHERIPADY, KOCHI, PIN - 682 018.
7. THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
FOREIGNERS DIVISION (FCRA WING), NEW DELHI, PIN - 110 001.
WP(C) No.34873/2023 2/2
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.
This petition again coming on for admission 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, ISAAC THOMAS, AIBEL MATHEW SIBY, ALEXANDER JOSEPH MARKOS,
P.G.CHANDAPILLAI ABRAHAM, V.ABRAHAM MARKOS, JOHN VITHAYATHIL & SHARAD
JOSEPH KODANTHARA, Advocates for the petitioners, SRI. K.K.SETHUKUMAR,
CENTRAL GOVERNMENT COUNSEL for R1 to R5 & R7 and of SRI. JOSE JOSEPH,
STANDING COUNSEL for R6, the court passed the following:
ORDER
Admitted.
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