Madras High Court
Srm University vs The Nodal Officer on 1 March, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.5403 of 2017 and
W.M.P.Nos.5729 and 5730 of 2017
SRM University
represented by its Registrar,
SRM Nagar, Kattankulathur,
Kancheepuram - 603 203. ...Petitioner
-Vs-
1. The Nodal Officer,
Department of Information and Technology
Fort St. George, Secretariat, Chennai- 600 009.
2. The Chief Secretary,
Government of Tamil Nadu,
Fort St. George, Secretariat, Chennai - 600 007.
3. The Commissioner of Police,
Greater Chennai, Chennai - 600 007.
4. The Superintendent of Police,
Kancheepuram District, Kancheepuram.
5. The Designated Officer,
Cyberlaw Division in the Department
of Information Technology,
Ministry of Communications and Information
Technology, Government of India,
Electronics Niketan,
No.6, Central Government Officers Complex,
New Delhi - 110 003. ... Respondents
http://www.judis.nic.in
2
Prayer: Writ petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the respondents 1 and 2
to forward the petitioner's representation dated 07.02.2017 along with
its report to the 5th respondent and consequently direct the 5th
respondent to block the 23 fake websites (the list annexed herewith)
under the provisions of the Information Technology Act and the rules
framed thereunder.
For Petitioner : Mr.R.Ganesh Kumar
For RR 1 to 4 : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
For R45 : M/s. J.Madanagopal
----
ORDER
The writ petition has been filed seeking a direction directing the respondents 1 and 2 to forward the petitioner's representation dated 07.02.2017 along with its report to the 5th respondent and consequently direct the 5th respondent to block the 23 fake websites (the list annexed herewith) under the provisions of the Information Technology Act and the Rules framed thereunder.
2. The grievance of the petitioner that the fake website viz., http:www.srmuniversityadmission.com has been engaged in admitting students of various parts of India for academic courses to various http://www.judis.nic.in 3 universities including SRM University. Moreover, the petitioner/university has lodged a complaint to the Nodal Officer, Department of Information Technology and the Chief Secretary, Government of Tamil Nadu, Fort St., George, Secretariat, Chennai - 600 009, under Section 69A of Information Technology Act, 2000 (As amended). No steps have been taken in this regard so far. Hence, the petitioner come out with the present writ petition before this Court.
3. Now, almost two years have lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now.
4. The respondents 1 and 2 are directed to consider the representation dated 07.02.2017 submitted by the petitioner and forward the same to the 5th respondent/Designated Officer for appropriate action and the petitioner is also at liberty to submit a fresh representation along with connected documents to the first respondent/Nodal Officer.
http://www.judis.nic.in 4
5. Considering the facts and circumstances of the case, the petitioner is also directed to file a fresh representation along with connected documents to the first respondent/Nodal Officer so that the first respondent can pass orders on the petitioner's institution and the entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
6. With the above directions, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
01.03.2019 Internet: Yes Index : Yes/No Speaking/Non Speaking order msm http://www.judis.nic.in 5 G.K.ILANTHIRAIYAN, J msm To
1. The Nodal Officer, Department of Information and Technology Fort St. George, Secretariat, Chennai- 600 009.
2. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 007.
3. The Commissioner of Police, Greater Chennai, Chennai - 600 007.
4. The Superintendent of Police, Kancheepuram District, Kancheepuram.
5. The Designated Officer, Cyberlaw Division in the Department of Information Technology, Ministry of Communications and Information Technology, Government of India, Electronics Niketan, No.6, Central Government Officers Complex, New Delhi - 110 003.
W.P.No.5403 of 2017
01.03.2019 http://www.judis.nic.in