St. Josephs Aged Home vs Union Of India on 9 August, 2024

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Kerala High Court

St. Josephs Aged Home vs Union Of India on 9 August, 2024

Bench: V.G.Arun

WP(C) No.27505/2024                      1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
              Friday, the 9th day of August 2024 / 18th Sravana, 1946
                             WP(C) NO. 27505 OF 2024(K)
   PETITIONER:

          ST. JOSEPHS AGED HOME, PULIYILAKUNNU, ASHTAMICHIRA P.O., THRISSUR,
          REPRESENTED BY ITS SECRETARY SR. KOCHUTHRESSIA P.O., PIN - 680731


   RESPONDENTS:


      1. UNION OF INDIA, MINISTRY OF HOME AFFAIRS, FOREIGNERS DIVISION - FCRA
         WING, MAJOR DHYAN CHAND NATIONAL STADIUM, OUTER INDIA GATE, NEW
         DELHI, REPRESENTED BY ITS SECRETARY, PIN - 110001
      2. UNDER SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
         FOREIGNERS 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. NITI AAYOG, SANSAD MARG, SANSADMARG AREA,NEW DELHI, DELHI, PIN -
         110001


        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 stay any further or coercive proceedings pursuant to Exhibit P7
   pending disposal of the Writ Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.JOSEPH MARKOSE (SR.) alongwith M/S. ISAAC THOMAS, V.ABRAHAM MARKOS,
   ABRAHAM JOSEPH MARKOS, P.G.CHANDAPILLAI ABRAHAM, ALEXANDER JOSEPH MARKOS,
   JOHN VITHAYATHIL, Advocates for the petitioner and of CENTRAL GOVERNMENT
   COUNSEL for the respondents, the court passed the following:

                                        ORDER

Admit.

Learned Central Government Counsel takes notice for the respondents.

As there is Prima facie substance in the contention of the learned Senior Counsel appearing for the petitioner that the complete absence of reasons in Exhibit P7 is contrary to the requirement of the first proviso to Section 16(3), as per which the reasons for not renewing the certificate are to be communicated to the applicant, there shall be an interim stay of coercive proceedings based on Exhibit P7, for one month.

Post on 03-09-2024.

WP(C) No.27505/2024 2/3

Counter affidavit/statement, if any, to be filed in the meanwhile.

Sd/- V.G.ARUN JUDGE 09-08-2024 /True Copy/ Assistant Registrar WP(C) No.27505/2024 3/3 APPENDIX OF WP(C) 27505/2024 Exhibit P7 TRUE COPY OF THE E-MAIL DATED 10.06.2024 REJECTING THE APPLICATION OF THE PETITIONER

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