WA No. 844 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-04-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WA No. 844 of 2025 1. Clemens Bernd Gruttmann S/O. Theodor Gruttmann, Auroville,Villupuram Tamil Nadu 605 101 Currently Residing At 45701 Herten Germany Appellant(s) Vs 1. Union Of India Rep. By Joint Secretary, Foreginers-1 , Ministry Of Home Affairs, Major Dhyan Chand National Stadium, Nea Pragati Maidan, New Delhi 110 001 2.Union Of India Rep. By Director Immigration, Ministry Of Home Affairs, Major Dhyan Chand National Stadium, Near Pragati Maidan, New Delhi 110 001 3.Foreigners Regional Registration Office https://www.mhc.tn.gov.in/judis WA No. 844 of 2025 No. 26 Shastri Bhawan Annexe Building, 26 Haddows Road, Nungambakkam Chennai 06 4.State Of Tamil Nadu Rep. By The Additional Director General Of Police, Idol Wing Cid, Police Training College No.2 Natesan Salai Ashok Nagar Chennai 83 5.State Of Tamil Nadu Rep. By The Inspector General Of Police, Idol Wing Cid, Police Training College No.2 Natesan Salai Ashok Nagar Chennai 83 Respondent(s) PRAYER To set aside the order dated 03.09.2024 in W.P. No. 1776 of 2024 on the file of this Honble Court. For Appellant(s): Mr.S.Vijayakumar Senior Counsel for Mr.T.Sai Krishnan For Respondent: Mr.V.Chandrasekaran Senior Panel Counsel ORDER (Order of the Court was made by S.M.Subramaniam J.) Under assail is the Writ order dated 03.09.2024 in W.P.No.1776 of 2024. 2. The Writ Petitioner is the appellant before this Court. The Writ https://www.mhc.tn.gov.in/judis WA No. 844 of 2025 Petition has been instituted to declare the denial of entry of the petitioner into India as illegal and to consequently, direct the respondents to permit the petitioner to enter India. 3. The prayer sought for is vague and such an omnibus relief cannot be granted by the High Court in a Writ proceedings. 4. In the present case, the counter filed on behalf of the respondent/Foreign Regional Registration Officer, In the Office of the Bureau of Immigration, Ministry of Home Affairs, Government of India reveals that the Auro Rachana is an antique furniture reclamation/manufacturing unit managed by the appellant and his wife Coco Clements, who are staying in Hope settlement in Auroville. Another Auroville resident Vignes Dominque, French national had tried in the past to obtain Non-Antique Certificate from ASI through the appellant to take the idols outside India. The appellant could not able to obtain a clearance from the Archaeological Survey of India (ASI). In the meantime, he left Auroville in the year 2019. When the police conducted search in 'Auro Rachana', the antique idols were in Dana Settlement and hence the idols were seized. Upon national interest, the Union of India, Ministry of Home Affairs has blacklisted the appellant and henceforth, LOC (prevent the subject from entering India) was initiated. 5. The authority found suspicious movement and during search, the https://www.mhc.tn.gov.in/judis WA No. 844 of 2025 authorities unearthed certain facts and collected some evidence. Under these circumstances, the High Court cannot form an opinion that the appellant has not involved in any case or otherwise. 6. Learned Senior Counsel appearing on behalf of the appellant would submit that as of now, there is no material exist against the appellant. However, he admits that the appellant stood as a witness during the course of recovery of idols as a mahazer witness during seizure. Under these circumstances, the actions initiated by the Ministry, Government of India cannot be said to be erroneous. That apart, the High Court in exercise of the power of judicial review cannot issue such a blanket direction, granting permission to a foreign national to enter inside the territory of India. The authorities are in the process of investigating about the offences. That being the factum, this Court do not find any infirmity in respect of the decision taken by the Writ Court. 7. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 23-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WA No. 844 of 2025 To 1.Union Of India Rep. By Joint Secretary, Foreginers-1 , Ministry Of Home Affairs, Major Dhyan Chand National Stadium, Nea Pragati Maidan, New Delhi 110 001 2.Union Of India Rep. By Director Immigration, Ministry Of Home Affairs, Major Dhyan Chand National Stadium, Near Pragati Maidan, New Delhi 110 001 3.Foreigners Regional Registration Office No. 26 Shastri Bhawan Annexe Building, 26 Haddows Road, Nungambakkam Chennai 06 4.State Of Tamil Nadu Rep. By The Additional Director General Of Police, Idol Wing Cid, Police Training College No.2 Natesan Salai Ashok Nagar Chennai 83 5.State Of Tamil Nadu Rep. By The Inspector General Of Police, Idol Wing Cid, Police Training College No.2 Natesan Salai Ashok Nagar Chennai 83 https://www.mhc.tn.gov.in/judis WA No. 844 of 2025 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. gd WA No. 844 of 2025 23-04-2025 https://www.mhc.tn.gov.in/judis