Disposed

Fr.Joby K.Antony v. Union of India

Kerala HC13 Feb 2020WP(C)/2386/2020

Case brief

AI extract

What is this about?

Writ petition filed seeking directions to the Government of Kerala to consider a representation regarding the removal of defamatory objectionable content from the Internet maintained by a US company.

What did the court decide?

Direction to the 4th respondent to consider Ext.P6 representation and take appropriate action within one month from the date of receipt of a copy of the judgment.

Fr.Joby K.Antony Vs Union of India — Intellectual Property | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941

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WP(C).No.2386 OF 2020(W)

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PETITIONER:

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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.

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BY ADV. SMT.KARTHIKA MARIA

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RESPONDENTS:

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1 UNION OF INDIA

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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.

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2 ALPHABET INC., 1600, AMPHITHEATRE PARKWAY, MOUNTAIN VIEW, CA, 94043, USA, REPRESENTED BY ITS CEO.

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3 GOOGLE INDIA (PVT.) LTD., NO.3, RMZ INFINITY-TOWER E, OLD MADRAS ROAD, 4TH AND 5TH FLOORS, BANGALORE-560 016.

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4 THE PRINCIPAL SECRETARY, DEPARTMENT OF INFORMATION TECHNOLOGY,

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GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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5 MICHAEL PRABHU

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METAMORPHOSE, 12, DAWN APARTMENTS, 22, LEITH CASTLE SOUTH STREET, CHENNAI, TAMILNADU, INDIA-600 028.

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*ADDL CERT-IND REPRESENTED BY ITS DIRECTOR ELECTRONICS R6 NIKETAN, 6, CGO COMPLEX LODHI ROAD NEW DELHI-110003

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*** IMPLEADED AS PER ORDER DATED 13/02/2020 IN IA NO.1/2020**

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WP(C).No.2386 OF 2020(W)

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R1 BY ADV. SRI.P.VIJAYAKUMAR

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SMT. VINITHA B GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2386 OF 2020(W)

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JUDGMENT

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Dated this the 13th day of February 2020

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This writ petition is filed seeking directions to the respondents

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to consider the representation preferred by the petitioner with regard to removal of objectionary content from the Internet.

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It is submitted by the learned counsel for the petitioner that Ext.P6 representation has been preferred by the petitioner before the 4^th respondent and that the same is liable to be considered, in accordance with law.

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In the above view of the matter, there will be a direction to the 4^th respondent to consider and take appropriate action on Ext.P6 representation, within a period of one month from the date of receipt

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of a copy of this judgment.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C).No.2386 OF 2020(W)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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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

Fr.Joby K.Antony v. Union of India

Case brief

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Fr.Joby K.Antony v. Union of India

Case brief

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