Madras High Court
N. Kumaran vs Father Pancras on 20 July, 2022
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No. 27191 of 2009 &
M.P. No.1 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2022
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.No. 27191 of 2009
&
M.P. No.1 of 2011
N. Kumaran ... Petitioner
vs
1. Father Pancras
S/o. Anthiah,
Trustee,
Arunachala Education and
Environment Development Trust,
Chengam Nammiandal Village
Kanji, Thiruvannamalai District 606 702.
2. The Government of India,
Represented by its Secretary,
Minstry of Home Affairs,
Foreigners Division (FCRA Division)
Grih Mantralaya, Jaisalmer Houe,
No.26, Mansingh Road
New Delhi, 110 001.
3. S. Gopal
1/6
https://www.mhc.tn.gov.in/judis
W.P.No. 27191 of 2009 &
M.P. No.1 of 2011
4. P.K. Dhananjayan
5. Subramaniyan
6. Dr. Salaman Titus
7. Santhimalai Trust
Shiva Nagar
Ramanaraman Post, Athiyandal
Thiruvannamalai. ...Respondents
R3 to R7 impleaded suo motu as per order dated 25.06.2010.
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus or any other appropriate Writ or order
in the nature of Mandamus directing the 2nd respondent to consider and
dispose of the petitioner's representation dated 25.11.2009 addressed to the
2nd respondent pertaining to the 1st respondent's registration with the 2nd
respondent under file No.II/21022/67/0377/2009/FCRA-II in respect of the
1st respondent seeking permission for his proposed receipt of foreign
contribution from overseas under Section 6(1) (a) of the foreign
contribution (regulation) Act 1976.
For Petitioner : Mr. R. Sunil Kumar
For R1 : Ms. S. Radha Gopalan
For R2 : Mr. P.M. Dhamodharan
For R6 : Mr. A. Jenasenan
ORDER
This Writ Petition was filed for the issue of Writ of Mandamus directing the 2nd respondent to dispose of the representation made by the petitioner on 25.11.2009 pertaining to the registration of the 1st respondent 2/6 https://www.mhc.tn.gov.in/judis W.P.No. 27191 of 2009 & M.P. No.1 of 2011 with the 2nd respondent for the purpose of taking permission for the proposed receipt of foreign contribution from overseas.
2. When the matter was taken up for hearing on 24.06.2022, it was brought to the notice of this Court that the petitioner is no more the Managing Trustee and that the 1st respondent has replaced the petitioner as the Managing Trustee. In view of the same, this Court directed the learned counsel for the petitioner to take instructions and report before this Court.
3. The learned counsel for the petitioner submitted that he had sent a registered post to the petitioner and there has been no response from the side of the petitioner. Therefore, the learned counsel submitted that he is not in a position to clarify as to whether the petitioner has already been replaced from his post as the Managing Trustee.
4. The submission made by the learned counsel for the 1st respondent to the effect that the 1st respondent has replaced the petitioner as the Managing Trustee of the Trust is substantiated by the order passed by this 3/6 https://www.mhc.tn.gov.in/judis W.P.No. 27191 of 2009 & M.P. No.1 of 2011 Court in CRP NPD No.4324/2018, dated 28.10.2020. It is, therefore, clear that it is for the 1st respondent to decide as to whether he wants to further prosecute the representation made before the 2nd respondent. The learned counsel for 1st respondent submitted that the 1st respondent is not interested in following up the representation that was made to the 2 nd respondent on 25.11.2009.
In view of the above, no further orders are required to be passed in this Writ Petition. Accordingly, the same is closed. No costs. Consequently connected miscellaneous petition is closed.
20.07.2022 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga 4/6 https://www.mhc.tn.gov.in/judis W.P.No. 27191 of 2009 & M.P. No.1 of 2011 To
1. Father Pancras S/o. Anthiah, Trustee, Arunachala Education and Environment Development Trust, Chengam Nammiandal Village Kanji, Thiruvannamalai District 606 702.
2. The Government of India, Represented by its Secretary, Minstry of Home Affairs, Foreigners Division (FCRA Division) Grih Mantralaya, Jaisalmer Houe, No.26, Mansingh Road New Delhi, 110 001.
3. Santhimalai Trust Shiva Nagar Ramanaraman Post, Athiyandal Thiruvannamalai.
5/6https://www.mhc.tn.gov.in/judis W.P.No. 27191 of 2009 & M.P. No.1 of 2011 N. ANAND VENKATESH, J.
bga W.P.No. 27191 of 2009 & M.P. No.1 of 2011 20.07.2022 6/6 https://www.mhc.tn.gov.in/judis