M/S.Shwas Homes Pvt. Ltd vs Union Of India
2021 Latest Caselaw 98 Ker

               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)

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)

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)

COMMUNICATIONS AND INFORMATION TECHNOLOGY OF UNION GOVERNMENT (DEPARTMENT OF INFORMATION TECHNOLOGY).

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE