BENGALURU
The Karnataka High Court has upheld a ‘Leave India Notice’ (LIN) issued against French national Christophe Stephane Monxion, who was allegedly operating a restaurant in Gokarna in violation of visa norms.
Justice Sachin Shankar Magadum dismissed the petition filed by Monxion, who had challenged the notice issued by the Foreigners Regional Registration Office on March 16. He had also sought consideration of representations submitted later in March, arguing that the notice was arbitrary and violated his fundamental rights. The petitioner maintained that he held a valid tourist visa until November 24, 2026.
Opposing the plea, the Deputy Solicitor General submitted that Monxion had been engaged in commercial activities for over 15 years, including running a hotel, which is not permitted under a tourist visa. The government also presented reports from law enforcement agencies detailing alleged violations and disputes involving the petitioner.
After reviewing the material on record, the court found prima facie evidence that the petitioner had breached visa conditions by engaging in business activities. The order also noted allegations of misconduct, including disputes with landowners and inappropriate communication.
Emphasising the state’s authority over foreign nationals, the court observed that regulation of entry, stay and exit is an inherent aspect of sovereignty. It held that when authorities arrive at a reasoned conclusion based on credible material, such decisions should not be interfered with lightly.
The court ruled that the LIN was a valid exercise of statutory power, free from arbitrariness or illegality, and consistent with constitutional provisions governing foreign nationals. It directed the petitioner to comply with the notice and leave India.
The judgment reinforces strict enforcement of visa regulations and underscores that foreign nationals must adhere to the terms of their stay in the country.
