Rev.V.Thomas v. The Director

Order The writ petition is filed seeking Certiorarified Mandamus to quash the rejection order passed by the 1st respondent dated Nil and direct the respondent to pass orders on the petitioner's application dated 15.05.2025 afresh and grant FCRA registration certificate. Page3 of 7

¶2It is a case of the petitioner that they are the public Charitable Trust and established in the year 2001. They had been running St.Joseph Hospice from the year 2006 in the name of ''Light for the Blind''. This institution provides hospice and palliative care to terminally ill and destitute persons. The Institution is purely charitable and non-profit organisation registered under the Foreign Contribution (Regulation) Act, 1976 and Section 12A and 80G of the Income Tax Act, 1961. The petitioner would submit that they have been complying with all the statutory and regulatory requirements.

¶3Due to the transition from manual to online filing of FCRA return, the petitioner was facing technical issues in the DARPAM portal as well as conflicting notifications being issued by the authorities. As a result, the petitioner is unable to file the Annual return for the Financial Year 2016-17 within the prescribed time. Subsequently the petitioner had also paid the penalty and compounding amounts as directed by the respondents. Meanwhile owing to certain false and malicious complaints, they were issued with a show cause notice under Section 133(a) Cr.P.C, which resulted in illegal removal of the inmates from the hospice. The action was challenged before this Court and this Court had appointed an Advocate Commissioner, who had submitted a report that there was no wrong doing on the part of the petitioner and as a result, the impugned proceedings were quashed. Page4 of 7

¶4Despite compliance of all the requirement, payment of penalties and judicial orders, the application submitted by the petitioner for renewal of the FCRA application has been rejected. The impugned order would read as follows: '' The application is rejected u/s 12(4)(b) and 12(4)(f)(iii) of the FCRA, 2010 wherein it has been revealed that the association is involved in criminal activities for personal gains.''

¶5Challenging the same, the petitioner is before this Court. Heard the counsels on either side.

¶6Without going into the merits of the case, the mere perusal of the impugned order would clearly shows that principles of natural justice had been thrown to the winds and the request has been rejected by a non-speaking order.

¶7Considering the fact that the non speaking order has been passed, that too, without affording an opportunity of personal hearing to the petitioner, the writ petition is allowed and the impugned rejection order passed by the 1st respondent of the petitioners FCRA application File No.6700682025 dated Nil, is quashed and the matter is remanded back to the 1st respondent, who shall consider the petitioner's application afresh, after affording the opportunity of personal hearing and provide him with all the documents, based on which the Page5 of 7 respondents have come to a conclusion that the petitioner's association is involved in criminal activities and shall pass a speaking order in the manner known to law. No costs. Consequently connected miscellaneous petition is closed. 19-02-2026 Index: Yes/No Speaking/Non-speaking order sk To

¶1THe Director FCRA Wing Ministry of Home Affairs (FCRA Wing)I Floor Mayor Dyan chand Naetional Stadium Near Pragati Maidan New Delhi-110 002.

¶2The secretary, The Union of India Ministry of HOme affairs FCRA Wing,I floor Mayor Dyan Chand National Stadium,Near pragati Maidan New Delhi-110 002

¶3Principal secretary to Government Government of Tamilnadu Social welfare and women Empowerment Department Secretariat Namakkal Kavingnar Maaligai Fort St.George, campus Rajaji salai, chennai-600 009 Page6 of 7

¶4The District collector Kancheepuram Kanchipuram District collectorate office First floor Collectorate Kanchipuram -631 501 Tamilnadu-India

¶5The District collector Collectorate First floor Dindigul -624 004 Tamilnadu India WPoNo.o5728oofo2026 P.T.ASHAoJ. SK WPoNo.o5728oofo2026 AND WMPoNO.o6237oOFo2026 19-02-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 6237 OF 2026 Rev.V.Thomas ..Petitioner(s) Vs 1. The Director FCRA Wing Ministry of Home Affairs (FCRA Wing)I Floor Mayor Dyan chand Naetional Stadium Near Pragati Maidan New Delhi-110 002. 2. The Union of India Rep by secretary, Ministry of HOme affairs FCRA Wing,I floor Mayor Dyan Chand National Stadium,Near pragati Maidan New Delhi-110 002 3. Principal secretary to Government Government of Tamilnadu Social welfare and women Empowerment Department Secretariat Namakkal Kavingnar Maaligai Fort St.George, campus Rajaji salai, chennai-600 009 4. The District collector Kancheepuram Kanchipuram District collectorate office First floor Collectorate Page2 of 7 Kanchipuram -631 501 Tamilnadu- India 5. The District collector Collectorate First floor Dindigul -624 004 Tamilnadu India ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus to call for the records relating to the impugned rejection order passed by the 1st respondent of the petitioners FCRA application File No.6700682025 dated Nil and quash the same to issue a consequential direction to direct the respondents to pass order petitioners application 15.5.2025 afresh and grant the FCRA registration certificate in accordance with law, equity and the principles of natural justice For Petitioner(s): R.Prabhakaran For Respondent(s): Mr.V.Chandrasekaran, Senior Panel Counsel for R1 & R2 Mr.V.Jeevagiridharan, Additional Government Pleader for R3 to R5