Disposed¶36

Union Christian College v. Government of India Ministry of Home Affairs

Kerala HC9 Apr 2025WP(C)/22503/2019

Case brief

AI extract

What is this about?

FCRA registration cancellation and restoration; Union Christian College Aluva; Foreign Contribution (Regulation) Act and Rules 1976; fresh registration under Act 2010 Section 11(1); registration No. 052850583 dated 16.4.2021; writ petition closed as infructuous without prejudice; interim stay dated 20.08.2019; designated FC account FC-6C/FC-6D approvals; Kerala High Court Ernakulam; Justice Mohammed Nias C.P.; WP(C) 22503/2019.

What did the court decide?

No substantive relief on the original prayers; the writ petition was closed as infructuous without prejudice to the petitioner's right to approach this Court again in case there is a fresh cause of action. ¶36

Union Christian College Vs Government of India Ministry of Home Affairs — Kerala HC (2025) — LawSathi Research

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2025:KER:30726

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WP(C) NO.22503 OF 2019

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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WEDNESDAY, THE 9^th DAY OF APRIL 2025 / 19TH CHAITHRA, 1947

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WP(C) NO. 22503 OF 2019

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PETITIONER/S:

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UNION CHRISTIAN COLLEGE

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UC COLLEGE P.O., ALUVA 683 101, REPRESENTED BY ITS MANAGER

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BY ADVS. SAJI VARGHESE SMT.MARIAM MATHAI SHRI.EMMANUEL STEPHENSON

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RESPONDENT/S:

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GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FOREIGN DIVISION (FCRA WING), NDCC-II BUILDING 1 (OPPOSITE JANTAR MANTAR) JAL SINGH ROAD, NEW DELHI 110 001.

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THE SECRETARY TO GOVERNMENT OF INDIA

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MINISTRY OF HOME AFFAIRS, FOREIGN DIVISION (FCRA WING), 2 NDCC-II BUILDING (OPPOSITE JANTAR MANTR), JAL SINGH ROAD, NEW DELHI 110 001. STATE BANK OF INDIA, 3 CATHOLIC CENTRE BRANCH, PB NO. 3, RAILWAY STATION ROAD, ALUVA 683 01.

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SRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.JITHESH MENON, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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2025:KER:30726

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WP(C) NO.22503 OF 2019

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MOHAMMED NIAS C. P. , J.

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………………………………………… .

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W. P. (C) No. 22503 OF 2019

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……………………………………………… .

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Dated this the 09^th day of April, 2025

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J U D G M E N T

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The writ petition was filed challenging Ext.P1 to the extent it cancelled the certificate of registration granted to the petitioner under the Foreign Contribution (Regulation) Act and Rules, 1976 and also to restore the order of registration.

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Upon admission of the writ petition, this Court had passed

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an interim order on 20.08.2019, staying all further action and the order is still in force. The petitioner has filed an affidavit, I.A No.01 of 2025 to receive documents, in which it is stated as follows:-

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“3. During the pendency of the Writ petition, based on the application dated 21.11. 2019 submitted by the Petitioner, a fresh Registration has been granted to the Petitioner under the Act 2010, with registration No. 052850583 dated 16.4.2021. A true copy of the above Registration bearing No. 052850583 dated 16.4.2021 issued by the first Respondent under Section 11 (1) of the Act 2010 is produced herewith and marked as Exhibit P 11. The Petitioner had opened a designated bank account No 39979099746 in State Bank of India, Sansad Marg, New Delhi and intimated the same to the 2^nd Respondent as per FC-6C dated 31.5.2021 and the 2^nd Respondent had given its approval by letter dated 2.6.2021.

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2025:KER:30726

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WP(C) NO.22503 OF 2019

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Thereafter by letter dated 3^rd September 2021 the first respondent had intimated the petitioner that it is to receive foreign contribution in FC Account No 39979099746 with State Bank of India, 11 Sansad Marg, New Delhi 110 001 only. A true copy of the letter dated 3rd September 2021 issued by the first respondent to the Chief Functionary of the petitioner is produced herewith and marked as Exhibit P12. In the said letter, it was also intimated that the earlier FC Account No 57044489633 with SBI Aluva of cancelled Certificate No 052850326R, the Association to have access to this fund may declare this bank account as another FC Bank Account, in terms of the notification of the Ministry dated 28.9.2020 through FC-6 forms to be submitted online.”

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Given the subsequent developments noted above and orders passed, which are produced as Exts. P11 to P13, along with I. A No.01 of 2025, the prayers in the writ petition have become infructuous. Nothing further remains to be considered in this writ petition, and the same is closed without prejudice to the right of the petitioner to approach this Court again in case there is a fresh cause of action.

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SD/-

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MOHAMMED NIAS C.P., JUDGE

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2025:KER:30726

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WP(C) NO.22503 OF 2019

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APPENDIX OF WP(C) 22503/2019

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PETITIONER EXHIBITS

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TRUE COPY OF THE CANCELLATION ORDER NO. F NO. 11/21022/58(O40)/215-FCRA (MU) DATED EXHIBIT P1 6.4.2015.

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EXHIBIT P2

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TRUE COPY OF THE APPLICATION NO. 48/15/UCCMGMT DATED 26.6.2015 FIELD BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR REVISING THE CANCELLATION ORDER AND RESTORING THE SAME.

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TRUE COPY OF THE LETTER NO. F.II/21022/58 (0317)/2016-FCRA(MU) DATED 7.9.2016 ISSUED BY EXHIBIT P3 THE FIRST RESPONDENT.

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EXHIBIT P4

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TRUE COPY OF THE LETTER NO. 107/16/UUC/ MGMT DATED 29.9.2016 ISSUED BY THE PETITIONER IN REPLY TO EXHIBIT P3.

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TRUE COPY OF THE LETTER NO. FII/21022/58(0317)2016-FCRA(MU) DATED EXHIBIT P5 4.1.2017.

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TRUE COPY OF THE LETTER DATED 20.2.2017 SENT EXHIBIT P6 BY THE PETITIONER TO THE 2ND RESPONDENT.

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EXHIBIT P7

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TRUE COPY OF THE LETTER NO. 34/17/UCCMGMT DATED 14.9.2017 SENT BY THE PETITIONER TO THE RESPONDENTS 1 AND 2

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TRUE COPY OF THE LETTER OF THE PETITIONER DATED 17.4.2018 ADDRESSED TO THE 2ND EXHIBIT P8 RESPONDENT.

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EXHIBIT P9 TRUE COPY OF THE LETTER DATED 29.6.2019 SENT BY THE 3RD RESPONDENT BANK TO THE PETITIONER.

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2025:KER:30726

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WP(C) NO.22503 OF 2019

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TRUE COPY OF THE CERTIFICATE ISSUED BY M/S. EXHIBIT P10 VARMA AND VARMA CHARTERED ACCOUNTANTS.

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Exhibit P11

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TRUE COPY OF THE REGISTRATION BEARING NO. 052850583 DATED 16 .4. 2021 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER

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Exhibit P12

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TRUE COPY OF THE LETTER DATED 3RD SEPTEMBER 2021 ISSUED BY THE FIRST RESPONDENT TO THE CHIEF FUNCTIONARY OF THE PETITIONER

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Exhibit P13

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TRUE COPY OF THE LETTER DATED 13.9.2024 ISSUED BY THE FIRST RESPONDENT TO THE CHIEF FUNCTIONARY OF THE PETITIONER COLLEGE CONVEYING ITS APPROVAL TO THE CHANGES REQUESTED BY ITS FC-6D APPLICATION DECLARING THE EARLIER BANK ACCOUNT NO 57044489633 AS ANOTHER FC ACCOUNT NO 40193979255

Union Christian College v. Government of India Ministry of Home Affairs

Case brief

What is this about?

What did the court decide?

Union Christian College v. Government of India Ministry of Home Affairs

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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