TOMMY THOMAS V. UNION OF INDIA

WP(C)/13127/2012

AI Insights

The writ petition filed by Tommy Thomas alleged that respondents 2 to 13, who were identified as office bearers of the South India Assemblies of God (SIAG), were unlawfully receiving and misappropriating foreign contributions in violation of the Foreign Contribution (Regulation) Act, 1976. The petitioner argued that the respondents admitted to these violations in their counter affidavit. However, the court found that the issues presented were primarily factual and related to the interpretation of documents and evidence, which are typically addressed in civil suits. The court referenced an ongoing civil suit (O.S.No.468/2011) with similar allegations, suggesting that these matters were already under judicial consideration.

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 722424 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 19-11-2013
• Assessment Year: misc
• Laws Referred To: Foreign Contribution (Regulation) Act, 1976
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: P NAIR; JOHN MATHEW; THOMAS NELLIMOOTTIL
• Assessee Lawyers: C T JESTIN
• Keywords: Foreign contributions; Misappropriation of funds; Public Interest Litigation

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 19TH DAY OF NOVEMBER 2013/28TH KARTHIKA, 1935 WP(C).No. 13127 of 2012 (M) --------------------------------- PETITIONER: --------------- TOMMY THOMAS AGED 44 YEARS S/O.K.V.THOMAS, KAYANATTU HOUSE, NAZARATH ROAD ALUVA-683 101. BY ADV. SRI.C.T.JESTIN RESPONDENTS: ----------------- 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, INCOME TAX DEPARTMENT NEW DELHI-110 011. 2. T.J.SAMUEL SUPERINTENDENT, MALAYALAM DISTRICT COUNCIL SOUTH INDIA'S ASSEMBLIES OF GOD (SIAG) OFFICE ASSEMBLIES OF GOD, PUNALUR-691 305. 3. PASTOR MADHULAL AUGUSTINE ALUVA SECTION PRESBYTER, ASSEMBLY OF GOD, ESI ROAD ALUVA-682 101. 4. PASTOR P.S.PHILIP ASSISTANT GENERAL SUPERINTENDENT SOUTH INDIA'S ASSEMBLIES OF GOD (SIAG) OFFICE ASSEMBLIES OF GOD, PUNALUR-691 305. 5. PASTOR V.T.ABRAHAM, GENERAL SECRETARY, SOUTH INDIA'S ASSEMBLIES OF GOD (SIAG), MALABAR DISTRICT COUNCIL OF SIAG, CALICUT-673 001. 6. PASTOR BABU GEORGE, SECRETARY, SOUTH INDIA'S ASSEMBLIES OF GOD (SIAG), MALAYALAM DISTRICT COUNCIL, PUNALUR-691 305. 7. PASTOR P.S.RAJAMONY, GENERAL SUPERINTENDENT SIAG, 100, NAVARLAL NAGAR, MADURAI-625 016. WP(C).No. 13127 of 2012 (M) 2 8. PASTOR G.PETER GENERAL COMMITTEE MEMBER, SIAG, AP BIBLE COLLEGE, MIYAPUR P.O., HYDERABAD-500 050. 9. PASTOR MOHAN.D PRESIDENT AGI, 6 ANNA SALAI, LITTLE MOUNT SAIDAPET, CHENNAI-600 015. 10. PASTOR.T.SOUNDER RAJ GENERAL TREASURER, SIAG, ASSEMBLIES OF GOD CHERIKADAI, PALLIYADI-629 169, KANAYAKUMARI DISTRICT TAMIL NADU. 11. PASTOR Y.JAYARAJ A.G.INDUSTRIAL SCHOOL, PANPOLY ROAD, K.P.VALASAI ELATHOOR POST, PIN-627 803. 12. PASTOR BABU VARGHESE, NORTH REGIONAL DIRECTOR, FAITH ASSEMBLIES OF GOD, EDAPPALLY, BETHEL HOUSE, PUNNICHIRA, PIN 682 021. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R3 & 12, ,R5,R2 BY ADV. SRI.JOHN MATHEW R4 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE JUDGMENT DATED 11.1.2012 IN WPC 27243/2011. EXHIBIT P2- TRUE COPY OF THE CERTIFICATE ISSUED IN THE NAME OF THE ORGANIZATION. EXHIBIT P2(A)- TRUE COPY OF THE CERTIFICATE ISSUED IN THE NAME OF THE ORGANIZATION. EXHIBIT P2(B)- TRUE COPY OF THE CERTIFICATE ISSUED IN THE NAME OF THE ORGANIZATION. EXHIBIT P2(C)- TRUE COPY OF THE CERTIFICATE ISSUED IN THE NAME OF THE ORGANIZATION. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE MANJULA CHELLUR,C.J. & A.M.SHAFFIQUE, J. = = = = = = = = = = = = = = = = W.P.(c) No.13127 of 2012 = = = = = = = = = = = = = = = = = = = = = Dated this the 19 th day of November, 2013 JUDGMENT Manjula Chellur,CJ The present writ petition is filed complaining that respondents 2 to 13 claiming to be the officer bearers of an organisation known as South India Assemblies of God (SIAG) are receiving huge amounts of foreign contributions violating the provisions of the Foreign Contribution (Regulation) Act, 1976 and are further misappropriating funds for their personal use. 2. Learned counsel for the petitioner, during the course of submissions, submitted that the counter affidavit filed by the respondents clearly indicates such admission by them but on perusal of the said counter affidavit at paragraph 21, it is otherwise. When further question was put to the counsel for the respondents he submits, already a suit is pending as O.S.No.468/2011 on the file of the Munsiff's Court, Punalur in W.P.(c) No.13127 of 2012 2 Kollam district, in which such admission was made by the petitioners. 3. If such admission is relevant for the purpose of this writ petition, he ought to have filed that written statement to show such discrepancies. Even otherwise, many factual issues have to be enquired to analyse the contentions of the petitioner and we note that in the suit filed before the Munsiff's Court, Punalur similar reliefs were sought. As the original suit can analyse factual situation by going through the contents of the documents and also evidence led by the parties, we are of the opinion, the present petition need not be entertained as a Public Interest Litigation. Accordingly, the writ petition is closed. MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE. sj 20/11 "