IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 32698 of 2008(P) -------------------------- PETITIONER: -------------- BRUNO PERRET, ATED 40 YEARS, S/O. JACQUES PERRET, FRENCH NATIONAL, NOW RESIDING AT SAKTHI BHAVAN, ATTAPALAM P.O., KUMILY, IDUKKI DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT: --------------- FOREIGNERS REGISTRATION OFFICER, (SUPERINTENDNET OF POLICE, IDUKKI DISTRICT). BY GOVERNMENT PLEADER, SMT.M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 32698 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 JUDGMENT Petitioner, a French national, is residing in India since 1991. He has married an Indian citizen and has two children. He is an agriculturist and is residing at Attappalam, Idukki District. Residential permit is also issued to the petitioner as evidenced by Ext.P2. Petitioner's aged parents are in France and he desires to visit them. An objection is now raised in this regard by the respondents. 2. On instructions, a statement has been filed by the respondent. Reference is made to the registration of a crime pursuant to an incident which took place on 24.04.08, when a group of persons trespassed into the petitioner's property, assaulted the petitioner's wife and paved a road in the property. The petitioner was also assaulted. It is submitted that Crime No.144/08 was registered by the Kumily police against the accused. The same is now pending trial before the Judicial First Class Magistrate Court-II, Peermedu in CC No.227/08. 3. It seems that later, the first accused in Crime No.144/08 gave a statement against the petitioner and this resulted in Crime No.148/08 being registered against the petitioner. The same is now W.P.(C)No. 32698 OF 2008 -:2:- pending trial before the Judicial First Class Magistrate Court-II, Peermedu in CC No.208/08. It seems that the trial of the cases would probably take some time. 4. There is no other objection raised in the statement filed by the respondent. I take note of the fact that the petitioner's wife and children are continuing here and petitioner is desirous to get an opportunity to visit his aged parents. 5. Taking note of the facts and circumstances of this case, I am of the view that, it would be appropriate for the respondent to grant permission in terms of Clause 5 of the Foreigners Order, 1948. In the result, the Writ Petition is disposed of directing the respondent to pass orders granting permission to the petitioner to leave the country for the purpose as sought for by him in terms of Clause of 5 of the Foreigners Order, 1948 without further delay, at any rate, within one week from the date of receipt of a copy of this judgment. It is open to the respondent to impose conditions while granting such permission, if it is found to be necessary in public interest. (V. GIRI, JUDGE) ttb