Madras High CourtWP(MD)/14164/2018closed

Dr.Augustus Samuel Dodd v. The Secretary To The

2018-09-18Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.14164 of 2018 Augustus Samuel Dodd ... Petitioner vs.

1.The Secretary to the Government of India Ministry of Home Affairs Foreigners Division (FCRA Wing) "First Floor NDCC-II Building"

1, Jai Singh Road, New Delhi-110001 2.The Director (FCRA) Ministry of Home Affairs FCRA Wing, 1st Floor Major Dhyan Chand National Stadium Near Pragati Maidan, New Delhi-110 001 3.The Director (Monitoring Unit) Ministry of Home Affairs FCRA Wing, 1st Floor Major Dhyan Chand National Stadium Near Pragati Maidan, New Delhi-110 001 4.The General Secretary Young Men's Christian Association YMCA Main Gurad Square 49, West Avani Moola Street, Madurai 5.The General Secretary Y.m.c.a Kamak High School and Home For the Deaf Visalakshipuram, Madurai-625 014 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 to 3 to take appropriate action against the respondents 4 & 5 under the provisions of Foreign Contribution (Regulation) Act 2010 on the basis of the representation dated 21.03.2018 within a stipulated time by this Court.

For Petitioner :

Mr.B.Sararanan For Respondents :

Mr.G.Rajaraman Central Government Standing Counsel for R1 to R3 Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers for R4 & R5

O R D E R

The writ petition has been filed seeking a direction to the respondents 1 to 3 to take appropriate action against the respondents 4 and 5 under the provisions of Foreign Contribution (Regulation) Act, 2010, on the basis of the petitioner's representation dated 21.03.2018.

2. In response to the writ petition, a counter affidavit has been filed on behalf of the respondents 1 to 3. In Paragraph No.6 of the counter affidavit, the following have been averred: "6. In this particular case, the matter is under process as per above laid down procedure. A report on the Petitioner's complaint dated 2603-2018(received through CBI) and dated 21-032018 has been sought from the field agency. After obtaining the inputs from the field agency and on completion of preliminary inquiry on the basis of records available with this Ministry in respect of Associations/NGOs, if any violation of the FCRA provisions is established, action against the Associations namely Young Men's Christian Association (registered under FCR) with Registration No.075940216R) and Young Men's Christian Association Kamal High School and Home for the Deaf (registered under FCRA with Registration No.075940011R) will be initiated as per the provisions of Foreign Contribution (Regulation) Act, 2010."

3. In view of the averments as contained in the counter affidavit and the same are being recorded, no further orders are necessary in this writ petition and the same is, therefore, closed. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I)

To:

1.The Secretary to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing), "First Floor NDCC-II Building", 1, Jai Singh Road, New Delhi-110 001.

2.The Director (FCRA), Ministry of Home Affairs, FCRA Wing, 1st Floor, Major Dhyan Chand National Stadium, Near Pragati Maidan, New Delhi-110 001.

3.The Director (Monitoring Unit), Ministry of Home Affairs, FCRA Wing, 1st Floor, Major Dhyan Chand National Stadium, Near Pragati Maidan, New Delhi-110 001.

+1 CC To MR.G.RAJARAMAN, CGSC SR. NO.84833 +1 CC To MR.B.SARAVANAN, Advocate SR. NO.85034 +1 CC To MR.ISAAC CHAMBERS, Advocate SR. NO.85363 W.P.(MD) No.14164 of 2018 18.09.2018 KRK TR/RP/SAR-I(24.09.2018)3P 7C