IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 22618 of 2010(B) -------------------------- PETITIONER(S): --------------- CECILIA ROSSO CONQUEST, AGED 55 YEARS, D/O.ALDO ROSSO, 38 WHITNEY STREET, SAN FRANCISCO, CALIFORNIA, USA, PRESENTLY RESIDING AT 'ASTHAMAY', 10/170 E, ODAYAM, VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR SRI.THOMAS M.JACOB RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. STATE OF KERALA, REPRESETNED BY SECRETARY TO GOVERNMENT OF KERALA, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. FOREIGNER'S REGISTRATION OFFICER & SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL THIRUVANANTHAPURAM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R1 GOVT. PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 22618 of 2010 ================== Dated this the 28th day of July, 2010 J U D G M E N T The petitioner is an Italian born US citizen. She is presently in Kerala on the strength of a visa issued by the Government of India, which is valid till 2014. She was granted residential permit by the 3rd respondent-Superintendent of Police, Thiruvananthapuram, for staying in Kerala till 15.10.2010. During her stay in Kerala, she got acquainted with one Balakrishna Bhat. According to the petitioner, the said Balakrishna Bhat cheated the petitioner of more than Rs.50 lakhs in the guise of purchasing a property in the name of the petitioner, which was actually bought by the said Balakrishna Bhat in his name. She filed a complaint before the Judicial First Class Magistrate Court, Varkala, under the Protection of Women from Domestic Violence Act. She has also filed a criminal complaint against the said Balakrishna Bhat before the JFCM Court, Varkala, for cheating. The Magistrate has forwarded that complaint to the Police for investigation, which is pending. The petitioner submits that, as a retaliation, the said Balakrishna Bhat influenced the 3rd respondent, who has issued Ext.P10 notice directing the petitioner to leave India on the allegation that she has violated the conditions of the visa. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs; w.p.c.22618/10 2 “I) Call for the records leading to Ext.P10 and quash the same by issuing a writ of Certiorari. II) Issue a Writ of Mandamus or any other writ order or direction directing the Respondents to allow the petitioner to remain in India during the period of valid visa and permit issued to her by the competent authorities.” 2. The petitioner now submits that she is prepared to leave India on 2.8.2010 and she has also booked a ticket for that date. Therefore, she may be allowed to stay in Kerala till 2.8.2010 without any stigma on account of Ext.P10 order. 3. I have heard the learned Government Pleader also. 4. In the peculiar facts and circumstances of the case, I am of opinion that that is a very reasonable request. Accordingly, I dispose of this writ petition with a direction to the respondents to permit the petitioner to remain in Kerala till 2.8.2010 without any stigma on account of Ext.P10 order. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge