Mandamus cannot be issued for withdrawal of funds from FCRA account post-registration cancellation when statutory provisions vest authority with the government.

Order

Heard Mr.Rahul Unnikrishnan, learned counsel for the petitioner and Mr.A.R.Sakthivel, learned Senior Panel Counsel for the first respondent.

2. This Writ Petition is filed seeking for the following prayer:- For issuance of a mandamus directing the first respondent to permit the petitioner to withdraw all the funds from its FCRA Account No.455005228 with the Sait Colony, Egmore branch of Indian Bank.

3. Learned counsel for the petitioner would submit that the petitioner’s FCRA licence was cancelled on 23.07.2012 on the ground that the petitioner failed to file Annual Returns for the FYs 2006-07 and 2007-08; that though the petitioner filed application seeking for restoration of their FCRA registration, the same were rejected in terms of Section 12(4) (a) (vii)

of FCRA, 2010.

3.1 The learned counsel for the petitioner further submits that MHA vide circular dated 12.05.2017, instructed the petitioner to file their annual returns for the FYs through FCRA online portal, but, the same was unsuccessful, as, online application was not accepted by system on account of cancellation of FCRA registration, therefore, the petitioner, having left with no other opportunity, filed their annual returns in hard copies however, the same was not considered by the respondents, that despite the respondent vide Public Notices dated 01.08.2019 granted one-time exemption to enable the petitioner to apply for registration within three months from the date of issuance of the notice and in the interregnum allowed the petitioner to utilize the amount lying the FCRA account, the petitioner, hoping that the FCRA registration would be restored, did not withdraw the funds, however, till date, the first respondent has not revoked the cancellation of the FCRA registration, it is under these circumstances, the petitioner has filed this Writ Petition seeking for aforesaid relief.

4. The learned Senior Panel Counsel for the first respondent would submit that in the present case, the petitioner’s registration was cancelled, as the petitioner failed to file mandatory annual returns for the FYS 2006-07 and 2007-08; that though there is no provision under the Act to remind the petitioner to fulfil its obligation, however, in order to afford an opportunity, a show cause notice was issued to the petitioner but, the same returned undelivered, as such, the petitioner’s FCRA registration was cancelled; that despite MHA vide Public Notice dated 01.08.2019 allowed the Associations like the petitioner to utilise the funds available in FCRA account to meet their financial requirements and was directed to intimate such withdrawal details to the MHA, whilst permitting the petitioner to apply for renewal of registration within a period of three months from the date of issuance of such notice, the petitioner failed to avail such exemption.

4.1 Therefore, it is contended by the learned Senior Panel Counsel for the first respondent that despite the fact that the petitioner was given ample opportunities for filing of Annual returns, the petitioner failed to produce proof in support of filing of annual returns for the subject FYs; that though the application was filed for revokation of cancellation of FCRA registration, the same was subsequently withdrawn by the petitioner’ that Central Government, in order to facilitate faster processing and disposal of cases and also to bring transparency, launched a new website w.e.f. 14.12.2015, the applications for registration, prior permissions, renewal of registration, giving intimation of various types, filing of annual returns, were made fully online, no application was received from the petitioner via. FCRA Portal, therefore, in term