M/S. Melvisharam Muslim Educational Society v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.05.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN M/s.Melvisharam Muslim Educational Society, rep.by its General Secretary Mr.S.Ziauddeen Ahamed

...Petitioner

Vs.

1.The Union of India, rep.by the Secretary to Government, Ministry of Home Affairs- Foreigners Division, FCRA Wing, New Delhi-1.

2.The Director, Ministry of Home Affairs-Foreigners Division, FRCA Wing, New Delhi-1.

3.The Branch Manager, State Bank of India, Melvisharam Branch, Vellore District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing respondents 2 and 3 to

consider the representation sent by the petitioner dated 23.9.2022 and consequently direct respondents 2 and 3 to defreeze the bank account of the petitioner bearing A/c.No.11347696319. For Petitioner : Mr.K.M.Aasim Shehazd For Respondents 1 & 2 : Mr.A.Gangadharam, CGSC

ORDER

Heard the learned counsel for the petitioner and the learned Central Government Standing Counsel accepting notice for respondents 1 and 2. In view of the limited nature of relief this Court is proposing to grant, notice to the third respondent is dispensed with and the writ petition itself is taken up for final disposal.

2. The petitioner seeks a direction to the respondents 2 and 3 to consider its representation for the release of the account of the petitioner.

3. The petitioner asserts that it got the benefit of registration

under the Foreign Contribution (Regulation) Act (FCRA). But, throughout the period, it had not received any foreign funds. In fact, in the affidavit filed before this Court, in paragraph 16(h), it would state that the petitioner had not received any foreign funds.

4. The learned counsel appearing for the petitioner would submit that throughout the period of license before the cancellation of license, the petitioner had always filed "nil" returns. According to him, the funds of the petitioner society were all garnered locally and there are no foreign funds, which are available. He would also state that the petitioner is willing to surrender the license under the FCRA once the inquiry is concluded.

5. Taking into consideration these submissions and without rendering any finding on the merits of the case, the second respondent is directed to consider the representation of the petitioner dated 23.9.2022 within a period of twelve weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of accordingly. There shall be no order as to costs.

30.05.2024 Index :

Yes/No :

Yes/No To 1.The Union of India, rep.by the Secretary to Government, Ministry of Home Affairs- Foreigners Division, FCRA Wing, New Delhi-1.

2.The Director, Ministry of Home Affairs-Foreigners Division, FRCA Wing, New Delhi-1.

3.The Branch Manager, State Bank of India, Melvisharam Branch, Vellore District.

rs/kpl

V.LAKSHMINARAYANAN, J (rs/kpl) 30.05.2024