Kerala High Court
Fr.Joby K.Antony vs Union Of India on 13 February, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941
WP(C).No.2386 OF 2020(W)
PETITIONER:
FR.JOBY K.ANTONY
AGED 28 YEARS
VIA NARNI 29, 00181, ITALY, ALSO AT MARYMATHA
PROVINCIAL HOUSE, ANGAMALY, KERALA, INDIA-683 573,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
VIJAY V.PAUL.
BY ADV. SMT.KARTHIKA MARIA
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF
COMMUNICATION AND IT, DEPARTMENT OF ELECTRONICS AND
INFORMATION TECHNOLOGY, ELECTRONICS NIKETAN, 6, CGO
COMPLEX, LODHI ROAD, NEW DELHI-110 003.
2 ALPHABET INC.,
1600, AMPHITHEATRE PARKWAY, MOUNTAIN VIEW, CA, 94043,
USA, REPRESENTED BY ITS CEO.
3 GOOGLE INDIA (PVT.) LTD.,
NO.3, RMZ INFINITY-TOWER E, OLD MADRAS ROAD, 4TH AND
5TH FLOORS, BANGALORE-560 016.
4 THE PRINCIPAL SECRETARY, DEPARTMENT OF INFORMATION
TECHNOLOGY,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
5 MICHAEL PRABHU
METAMORPHOSE, 12, DAWN APARTMENTS, 22, LEITH CASTLE
SOUTH STREET, CHENNAI, TAMILNADU, INDIA-600 028.
*ADDL CERT-IND REPRESENTED BY ITS DIRECTOR ELECTRONICS
R6 NIKETAN, 6, CGO COMPLEX LODHI ROAD
NEW DELHI-110003
* IMPLEADED AS PER ORDER DATED 13/02/2020
IN IA NO.1/2020
WP(C).No.2386 OF 2020(W)
2
R1 BY ADV. SRI.P.VIJAYAKUMAR
SMT. VINITHA B GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2386 OF 2020(W)
3
JUDGMENT
Dated this the 13th day of February 2020 This writ petition is filed seeking directions to the respondents to consider the representation preferred by the petitioner with regard to removal of objectionary content from the Internet.
2. It is submitted by the learned counsel for the petitioner that Ext.P6 representation has been preferred by the petitioner before the 4th respondent and that the same is liable to be considered, in accordance with law.
In the above view of the matter, there will be a direction to the 6th respondent to consider and take appropriate action on Ext.P6 representation, within a period of one month from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SVP WP(C).No.2386 OF 2020(W) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WEB PAGE MAINTAINED BY 2ND RESPONDENT AND AVAILABLE AT https://support.google.com/webmasters/ans wer/70897.
EXHIBIT P2 TRUE COPY OF THE WEBSITES CONTAINING DEFAMATORY MATERIAL.
EXHIBIT P3 TRUE COPY OF THE EMAIL DATED 19.11.2019 ISSUED ON BEHALF OF THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 26.11.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE GSR 240 (E) (GAZETTE NOTIFICATION) DATED 25TH MARCH 2003.
EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE PETITION DATED 29TH JANUARY, 2020 SUBMITTED TO THE 1ST RESPONDENT