Kerala High Court
R.Premkumar vs Union Of India on 11 December, 2024
Author: C.S.Dias
Bench: C.S.Dias
WP(C) No.43972/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Wednesday, the 11th day of December 2024 / 20th Agrahayana, 1946
WP(C) NO. 43972 OF 2024(V)
PETITIONER:
R.PREMKUMAR AGED 56 YEARS S/O RAVINDRAN, RESIDING AT 9/10, MM
RESIDENCY, BHATACHARY STREET, SANJAY GANDHI NAGAR, VIRUGAMBHAKOM,
CHENNAI, TAMILNADU, WORKING AS THE CHAIRMAN, BHARAT LAJANA MULTI-
STATE HOUSING CO-OPERATIVE SOCIETY LTD., NO. 305 & 306, TEN SQUIRE
BUILDING, HUNDRED FEET ROAD, KOYAMBEDU, CHENNAI, PIN - 600107
RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY SECRETARY TO THE MINISTRY OF
ELECTRONICS AND INFORMATION TECHNOLOGY, GOVERNMENT OF INDIA,
ELECTRONICS NIKETAN, 6 CENTRAL GOVERNMENT OFFICES COMPLEX, NEW
DELHI, PIN - 110003
2. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF INFORMATION
AND BROADCASTING, OFFICE AT 655-A, WING SHASTRI BHAVAN, NEW DELHI,
PIN - 110001
3. STATE POLICE CHIEF KERALA POLICE, POLICE HEADQUARTERS,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695010
4. GOOGLE INTERNATIONAL LLC REPRESENTED BY ITS CEO, 1600 AMPHITHEATRE
PARKWAY, MOUNTAIN VIEW, CA 94043, USA, PIN - 94043
5. GOOGLE LLC REPRESENTED BY ITS CEO, 1600 AMPHITHEATRE PARKWAY,
MOUNTAIN VIEW, CA 94043, USA, PIN - 94043
6. GOOGLE INDIA PRIVATE LIMITED REPRESENTED BY ITS MANAGING DIRECTOR,
NO. 3, RMZ INFINITY, TOWER E, MADRAS ROAD, 4TH & 5TH FLOOR,
BANGALORE, KARNATAKA, PIN - 560016
7. TRUE SATELLITE COMMUNICATIONS PRIVATE LIMITED REPRESENTED BY ITS
MANAGING DIRECTOR, VATTAPARAKKAL HOUSE, KADANAD.P.O., PALA,
KOTTAYAM, PIN - 686653
8. SOORAJ.V.SUKUMAR @ SOORAJ PALAKKARAN S/O V.S.SUKUMARAN NAIR,
VATTAPARAKKAL HOUSE, KADANAD.P.O., PALA, KOTTAYAM, PIN - 686653
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 3rd respondent to act upon Ext. P9 under section
79(3)(b) of the Information Technology Act, 2000 and ensure that the
videos in Ext. P1 are removed forthwith and prevent any further
circulation of the above contents and to file a compliance report before
this Hon'ble Court or direct the 6th respondent to remove the videos in
Ext. P1 forthwith from all its domain pending the disposal of this Writ
Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
A.RAJASIMHAN, VYKHARI.K.U, SHARAFUDHEEN M.K. Advocates for the
petitioners, DEPUTY SOLICITOR GENERAL OF INDIA for R1 & R2 (BY ORDER) and
of the GOVERNMENT PLEADER for R3, the court passed the following
WP(C) No.43972/2024 2/4
C.S.DIAS, J.
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WP(C) No.43972 of 2024
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Dated this the 11th day of December, 2024
ORDER
Admitted.
The learned Deputy Solicitor General of India takes notice for the respondents 1 and 2. The learned Government Pleader takes notice for the third respondent. Issue notice by speed post to the respondents 4 to 8. The petitioner is also simultaneously permitted to take out notice to the respondent 4 to 8 by e-mail as provided under Rule 51(3) of the Kerala High Court Rules and file a proof of service.
On a consideration of the facts and the materials placed on record, especially taking into account Ext.P10 order passed in identical situation, I am satisfied that the petitioner is entitled to an ad-interim order. Hence, I direct the 3rd respondent to take steps to ensure that the videos in Ext.P1 be removed from WP(C) No.43972/2024 3/4 2 WP(C) No.43972 of 2024 circulation in accordance with law.
The respondents may file their counter affidavit, if any.
Post on 16.1.2025.
Sd/- C.S.DIAS, JUDGE rmm11/12/2024 11-12-2024 /True Copy/ Assistant Registrar WP(C) No.43972/2024 4/4 APPENDIX OF WP(C) 43972/2024 Exhibit P1 PEN DRIVE CONTAINING THE VIDEOS Exhibit P9 TRUE COPY OF THE COMPLAINT DATED 21-11-2024 TO THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 17-11-2023 IN WP© NO. 34989 OF 2023 OF THIS HON'BLE COURT 11-12-2024 /True Copy/ Assistant Registrar