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[Cites 3, Cited by 0]

Madras High Court

The Madurai Capuchin Society vs Union Of India on 29 April, 2026

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                            W.P.(MD)No.13533 of 2026


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 29.04.2026

                                                    CORAM:

                    THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                           W.P.(MD)No.13533 of 2026
                                                    and
                                          W.M.P.(MD)No.10073 of 2026

                 The Madurai Capuchin Society,
                 Rep. by its President,
                 Arockiadass Savarimuthu, S/o.Savarimuthu,
                 Capuchin Friary, D.No.79,
                 Thirumangalam,
                 Madurai District.
                 Tamil Nadu – 625 706.                                          ... Petitioner
                                                     -vs-

                 Union of India,
                 Rep. by Deputy Director (FCRA)
                 Ministry of Home Affairs,
                 Foreigners Division (FCRA Wing),
                 1st Floor, Hall No.1,
                 Open Gallery Major Dhyan Chand National Stadium,
                 India Gate Circle,
                 New Delhi – 110001.                                            ... Respondent
                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to
                 issue a Writ of Certiorarified Mandamus calling for the records in Order No.
                 0300000392026 dated 09.04.2026 on the file of the respondent and quash the
                 same and direct the respondent to grant the renewal of certificate of registration
                 under the FCRA to the Petitioner Society.

                                                                                      ____________
                                                                                      Page 1 of 5




https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD)No.13533 of 2026


                                  For Petitioner            :   Mr.Vishnu Sumanth

                                  For Respondent            :   Mr.V.Malaiyendran
                                                                Central Government Standing Counsel

                                                            ORDER

Issue notice of motion returnable by 11.06.2026.

2. Mr.V.Malaiyendran, learned Central Government Standing Counsel, takes notice on behalf of the respondent.

3. List this matter on 11.06.2026. Counter affidavit, if any, shall be filed by then.

4. In the meanwhile, the learned counsel for the petitioner presses for a stay of the impugned order. It is his contention that the petitioner was granted a certificate of registration by the Central Government under Section 11 of the Foreign Contribution (Regulation) Act, 2010 (FCRA). At the time of the original application and even as on date, the aims and objects of the petitioner Society have not changed. The majority of its purposes are social in nature, though the Society also includes certain religious objects. Keeping the same in mind, the ____________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13533 of 2026 certificate was granted. The certificate does not expressly restrict the petitioner to social purposes alone. In such circumstances, the impugned order has been passed as if the petitioner has violated Section 8(1)(a) read with Section 11 of the FCRA, 2010, which is unsustainable.

5. I have perused the certificate originally granted by the Central Government and, as rightly pointed out by the learned counsel for the petitioner, it does not restrict the petitioner solely to social causes.

6. In view of the prima facie case made out, and considering the fact that the petitioner's original registration expired with effect from 07.04.2026, I am inclined to grant the following interim order:

There shall be no further coercive action taken against the petitioner till the next date of hearing.
29.04.2026 smn2 ____________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13533 of 2026 To:-
The Deputy Director (FCRA), Union of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing), 1st Floor, Hall No.1, Open Gallery Major Dhyan Chand National Stadium, India Gate Circle, New Delhi – 110001.
____________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13533 of 2026 D.BHARATHA CHAKRAVARTHY, J.
smn2 W.P.(MD)No.13533 of 2026 29.04.2026 ____________ Page 5 of 5 https://www.mhc.tn.gov.in/judis