Avks Foundation v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.AVKS foundation Representation by Managing Trustee S.Rani aged about 49 years Daughter of Murugan Residing at No.1/2, Mainroad Sethiyathope Post Bhuvanagiri Road Cuddalore Tamil Nadu-608702 ... Petitioners Vs 1.The Secretary to Government Ministry of Home Affairs Foreign Division (FCRA Wing) New Delhi-110002.
2.The Competent Authority Foreign Contribution regulation department Ministry of Home Affairs New Delhi-111002.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to quash to reopen the online portal with respect file No.6715792021 for submission and resubmission of documents or receive it in a manner known to law and to consequently pass appropriate orders for renewal of registration. 1/5
For Petitioners : Mr.VR.Vishnu For Respondents : Mr.V.Chandrasekaran, Senior Panel Counsel
O R D E R
This Writ Petition has been filed seeking a direction to the 2nd respondent to reopen the online portal with respect file No.6715792021 for submission and re-submission of documents or receive it in a manner known to law with a consequential direction to the 2nd respondent to pass appropriate orders for renewal of registration.
2. The Petitioner herein is a registered charitable trust established in the 2005. It is the case of the petitioner that its application for renewal of registration made under Foreign Contribution Regulation Act, 2011 has been rejected by the 2nd respondent vide order dated 23.03.2023 on the ground that there are several criminal cases pending against one of the managing trustees of the petitioner trust namely K.Arumugam. Subsequent to which, the said K.Arumugam was removed from the petitioner's trust. In view of the non-availability any provision in the online portal for submission of additional documents, the petitioner has come up with the present Writ Petition seeking the aforesaid relief.
3. Learned counsel for the petitioner submitted that this Court may issue a direction to the 2nd respondent to reopen the online portal to with respect to file 2/5
No.6715792021 so as to enable the petitioner to submit his documents for renewal of FCRA registration in respect of the petitioner's trust.
4. Learned Senior Panel Counsel appearing for the respondents on the basis of the counter affidavit filed on behalf of the respondents submitted that, admittedly, the registration under Foreign Contribution Regulation Act 2011 bearing Registration No.076010194 was obtained by the petitioner in the year 2011 which was expired in the year 2023 and thereafter, the petitioner had submitted an application for renewal FRCA registration vide application no.6715792021 which was rejected on the ground that several criminal cases are pending against the managing trustee namely K.Arumugam.
Though the petitioner had sought for reopening of the online portal for resubmission of documents, it is to be pointed out that, once the application has been rejected, there is no provision available in the online portal for resubmission of documents for renewal of under FCRA registration. Therefore, this Court may direct the petitioner to make a fresh application under Foreign Contribution Regulation Act 2011 and the same will be considered by the respondents in accordance with the act and rules made therein.
5. In view of the stand taken by the learned Senior Panel Counsel for the respondents, this Writ Petition stands disposed of with liberty to the petitioner to file a fresh application under Foreign Contribution Regulation Act 2011. 3/5
There shall be no order as to costs.
04.11.2025 Index : Yes / No Nhs M.DHANDAPANI, J Nhs To 1.The Secretary to Government Ministry of Home Affairs Foreign Division (FCRA Wing) New Delhi-110002.
2.The Competent Authority Foreign Contribution regulation department Ministry of Home Affairs New Delhi-111002.
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