Kerala High Court
Divine Trust vs Union Of India on 8 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
WP(C) No.43182/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE V.G.ARUN
Friday, the 8th day of November 2024 / 17th Karthika, 1946
WP(C) NO. 43182 OF 2023 (W)
PETITIONER:
1. DIVINE TRUST, DIVINE RETREAT CENTRE, MURINGOOR P.O., CHALAKUDY,
TRICHUR, KERALA REPRESENTED BY ITS CHAIRMAN, MATHEW THADATHIL, PIN -
680309
2. ST. THOMAS MISSION SOCIETY, DEEPTI BHAVAN, MELAMPARA P.O., KOTTAYAM,
KERALA REPRESENTED BY ITS TREASURER GENERAL, SANTHOSHMON GARVADIS,
PIN - 686594
3. ST. MARY'S CMC PROVINCE, CARMELITE PROVINCIAL HOUSE, THIRUVAMPADY
P.O. KOZHIKODE (CALICUT), KERALA REPRESENTED BY ITS PROVINCIAL
SUPERIOR, JASEENTHA VARGHESE, PIN - 673603
4. TRIPPADA SEVA SANGHAM, ST. THOMAS MOUNT, PAZHAKUTTY P.O.,
NEDUMANGAD, THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS DIRECTOR,
PHILIP NERI, PIN - 695561
5. BETHANY NAVAJEEVAN PROVINCE, BETHANY PROVINCIAL ASHRAM, NALANCHIRA,
THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS PROVINCIAL SUPERIOR,
MATHEW JACOB, PIN - 695015
6. ASSISI ASHA BHAVAN (SPECIAL SCHOOL FOR THE MENTALLY HANDICAPPED), L.
F. CONVENT, THALAYOLAPARAMBU, KOTTAYAM, KERALA REPRESENTED BY ITS
PRESIDENT, LISSY VADAKETHALA, PIN - 686605
7. SISTERS OF IMITATION OF CHRIST MUVATTUPUZHA PROVINCE, BETHANY
SISTERS PROVINCIALATE, ERNAKULAM, KERALA REPRESENTED BY ITS
PROCURATOR, KRUPA S. I. C, PIN - 683541
8. CARMELITE OF MARY IMMACULATE, ST. JOSEPH PROVINCIAL HOUSE, KOTTAYAM,
KERALA REPRESENTED BY ITS SECRETARY FOR FINANCE, JOBY ALEX, PIN -
686001
9. WOMEN'S WELFARE ASSOCIATION, JYOTHIS, THOMATTUCHAL, VADUVANCHAL P.
O., WAYANAD, KERALA REPRESENTED BY ITS JOINT SECRETARY, TIGI JOSEPH,
PIN - 683581
10. CONGREGATION OF CARMEL RELIGIOUS HOLY ANGEL CONVENT, CONGREGATION OF
THE CARMELITE RELIGIOUS, C. C. R. GENERALATE, THIRUVANANTHAPURAM,
KERALA REPRESENTED BY ITS PRESIDENT, SR. MOLLY ATTULLY, PIN - 695007
11. CARMEL PROVINCIAL HOUSE, CARMEL PROVINCE, MUVATTUPUZHA, ERNAKULAM,
KERALA REPRESENTED BY ITS PROVINCIAL, BIJU KOTTAPLACKAL, PIN -
686661
12. THE ORDER OF THE IMITATION OF CHRIST BETHANY ASHRAM, BETHANY ASHRAM
GENERALATE, VASAVATHOOR, KOTTAYAM, KERALA REPRESENTED BY ITS
SUPERIOR GENERAL, MATHAI KADAVIL, PIN - 686010
13. THE PROVINCE OF ST. MAXIMILIAN KOLBE, ASSISI SHANTI KENDRA,
KARUKUTTY, ERNAKULAM, KERALA REPRESENTED BY ITS CHIEF FUNCTIONARY,
JOHNSON K. J., PIN - 683576
14. GOOD SHEPHERD MINOR SEMINARY, PONAD - KAROOR P.O. PALA, KOTTAYAM,
KERALA REPRESENTED BY ITS RECTOR, JOSE MATHEWMUTHANANTTU, PIN -
686574
15. BETHSAIDA WOMEN'S DEVELOPMENT SOCIETY, MULLOOR P.O., VIZHINJAM,
WP(C) No.43182/2023 2/3
THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS SECRETARY, ANNIE
THADAYAOOSE, PIN - 695521
16. CATHOLIC DIOCESE OF PALAI, BISHOPS HOUSE PALA, KOTTAYAM, KERALA,
REPRESENTED BY ITS FINANCE OFFICER (PROCURATOR), JOSE
NELLICKATHERUVIL, PIN - 686575
RESPONDENT:
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 - 110001
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 - 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. THE DIRECTOR (FCRA), MINISTRY OF HOME AFFAIRS, FOREIGNERS DIVISION,
FCRA WING, FIRST FLOOR, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA
GATE CIRCLE, NEW DELHI., PIN - 110001
5. NITI AAYOG, SANSAD MARG, SANSAD MARG AREA, NEW DELHI, DELHI, PIN -
110001
6. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CENTRAL REVENUE BUILDING,
I.S. PRESS ROAD, KACHERIPADY, ERNAKULAM, KOCHI, PIN - 682018
7. THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
FOREIGNERS DIVISION (FCRA WING), NEW DELHI, PIN - 110002
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.
C. direct the Respondents by issue of a writ of mandamus or such
other appropriate writ, direction or order to permit the Petitioners to
file the returns for the year 2019-2020 electronically without insisting
on penalty.
D. direct the Respondents to stay all coercive proceedings pursuant
to Exhibits P21 to P21(o) updates.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and this court's
WP(C) No.43182/2023 3/3
order dated 01.07.2024 and upon hearing the arguments of M/S.ABRAHAM
JOSEPH MARKOS, V.ABRAHAM MARKOS, P.G.CHANDAPILLAI ABRAHAM, SHARAD JOSEPH
KODANTHARA, AIBEL MATHEW SIBY, ISAAC THOMAS, ALEXANDER JOSEPH MARKOS &
JOHN VITHAYATHIL, Advocates for the petitioners,SRI.T.C.KRISHNA,SENIOR
CENTRAL GOVERNMENT COUNSEL& SRI.SETHUKUMAR, CENTRAL GOVERNMENT
COUNSEL(B/O) for R1 to R5 & R7, SRI.JOSE JOSEPH, STANDING COUNSEL for R6,
the court passed the following:
ORDER
Post as per roster on 27.11.2024.
Interim order is extended by two months.
Sd/- V.G.ARUN, JUDGE 08-11-2024 /True Copy/ Assistant Registrar