IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.29098 OF 2020(J)
PETITIONER:
M/S.SHWAS HOMES PVT. LTD.
GROUND FLOOR,MYSTIC HIEGHTS PHASE I,
KANIYAMPUZHA,EROOR.P.O,VYTTILA,KOCHI-682306.
REPRESENTED BY ITS MANAGING DIRECTOR.
BY ADVS.
SRI.K.C.SANTHOSHKUMAR
SMT.K.K.CHANDRALEKHA
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT,MINISTRY OF COMMUNICATIONS AND INFORMATION
TECHNOLOGY,DEPARTMENT OF INFORMATION
TECHNOLOGY,SANCHAR BHAWAN, 20, ASHOKA ROAD, NEW
DELHI-110001.
2 COMPUTER EMERGENCY RESPOSE TEAM-INDIA(CERT-IND),
MINISTRY OF COMMUNICATIONS AND INFORMATION
TECHNOLOGY, GOVERNMENT OF INDIA, NEW DELHI-110002.
3 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF INFORMATION TECHNOLOGY,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
(ADJUDICATOR APPOINTED UNDER SECTION 46 OF
INFORMATION TECHNOLOGY ACT,2000).
4 DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS,THIRUVANANTHAPURAM-695001.
SMT.VINITHA.B, GP, SRI.P.VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29098 OF 2020(J)
2
JUDGMENT
Dated this the 4th day of January, 2021 The complaint of the petitioner is over the inaction of the adjudicating authority as against the malicious publications circulated in social media. It is stated that despite various representations before the respondents 1 to 4 as well as the Commissioner of Police, effective action is not taken and the circulation of the publications seriously affect the petitioner which is engaged in the business of real estate, construction of flats, development and sale of land, villas, plots etc.
2. The learned Government Pleader points out that appropriate authority whom the petitioner should have approached is the Secretary to Government, Department of Electronics and Information Technology.
3. The petitioner has submitted Ext.P7 representation before the Secretary to Government, WP(C).No.29098 OF 2020(J) 3 Department of Information Technology describing him as adjudicator appointed under Section 46 of the Information Technology Act, 2000.
Therefore, the 3rd respondent shall forward the representation, Ext.P7 to the adjudicating authority which is the Secretary to Government, Department of Electronics and Information Technology, who shall take action on it in accordance with law within a period of six weeks from the date of receipt of a copy of the judgment.
The Writ Petition is accordingly disposed of.
Sd/-
P.V.ASHA JUDGE DM WP(C).No.29098 OF 2020(J) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY EXHIBIT P2 TRUE COPY OF THE SCREEN SHOTS OF THE POSTS PUBLISHED BY THE 5TH RESPONDENT EXHIBIT P2(A) TRUE COPY OF THE SCREEN SHOTS OF THE POSTS PUBLISHED BY THE 5TH RESPONDENT EXHIBIT P2(B) TRUE COPY OF THE SCREEN SHOTS OF THE POSTS PUBLISHED BY THE 5TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 28.09.2019 SUBMITTED BEFORE THE COMMISSIONER OF POLICE,ERNAKULAM EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 28.09.2019 EVIDENCING THE SUBMISSION OF EXT.P3 COMPLAINT EXHIBIT P5 TRUE COPY OF THE LAWYER NOTICE DATED 04.10.2019 SENT BY THE PETITIONER TO THE RESPONDENTS NO.5 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 11.03.2020 ADDRESSED TO RESPONDENTS NO.1 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 11.03.2020 ADDRESSED TO RESPONDENTS NO.3 EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 11.03.2020 ADDRESSED TO RESPONDENTS NO.4 EXHIBIT P9 TRUE COPY OF THE POSTAL RECEIPTS EVIDENCING THE SUBMISSION OF EXTs.P6,P7 AND P8 COMPLAINT TO THE RESPECTIVE AUTHORITIES EXHIBIT P10 TRUE COPY OF NOTICIATION NO.181 DATED 27.02.2003 OF MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY (DEPARTMENT OF INFORMATION TECHNOLOGY) EXHIBIT P11 TRUE COPY OF THE NOTIFICATION NO.240 DATED 25.03.2003 ISSUED BY MINISTRY Of WP(C).No.29098 OF 2020(J) 5 COMMUNICATIONS AND INFORMATION TECHNOLOGY OF UNION GOVERNMENT (DEPARTMENT OF INFORMATION TECHNOLOGY). RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE