Disposed

Shwas Homes Pvt. Ltd. v. Union of India

Kerala HC4 Jan 2021WP(C)/29098/2020

Case brief

AI extract

What is this about?

Petitioner sought redress for malicious social media publications affecting its real estate business. The court identified the correct adjudicating authority under the IT Act and directed the 3rd respondent to forward the petition to said authority for action within six weeks.

What did the court decide?

Directed 3rd respondent to forward Ext.P7 to the adjudicating authority (Secretary to Government, Dept. of Electronics and Information Technology) for action within six weeks.

Shwas Homes Pvt. Ltd. Vs Union of India — Writ and Judicial Review | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942 WP(C).No.29098 OF 2020(J)

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PETITIONER:

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M/S.SHWAS HOMES PVT. LTD. GROUND FLOOR,MYSTIC HIEGHTS PHASE I, KANIYAMPUZHA,EROOR.P.O,VYTTILA,KOCHI-682306. REPRESENTED BY ITS MANAGING DIRECTOR.

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BY ADVS. SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA

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RESPONDENTS:

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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.

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SMT.VINITHA.B, GP, SRI.P.VIJAYAKUMAR, ASGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.29098 OF 2020(J)

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JUDGMENT

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Dated this the 4^th day of January, 2021

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The complaint of the petitioner is over the

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inaction of the adjudicating authority as against the malicious publications circulated in social

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media. It is stated that despite various

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representations before the respondents 1 to 4 as well as the Commissioner of Police, effective

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action is not taken and the circulation of the publications seriously affect the petitioner which

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is engaged in the business of real estate, construction of flats, development and sale of land, villas, plots etc.

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The learned Government Pleader points out

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that appropriate authority whom the petitioner

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should have approached is the Secretary to

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Government, Department of Electronics and

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Information Technology.

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The petitioner has submitted Ext.P7

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representation before the Secretary to Government,

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WP(C).No.29098 OF 2020(J)

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Department of Information Technology describing him as adjudicator appointed under Section 46 of the Information Technology Act, 2000.

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Therefore, the 3^rd 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.

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The Writ Petition is accordingly disposed of.

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Sd/- P.V.ASHA JUDGE

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WP(C).No.29098 OF 2020(J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY	OF THE RELEV	ANT PAGES OF
	CERTIFICATE PETITIONER	OF INCORPORA COMPANY	TION OF THE
EXHIBIT P2	TRUE COPY POSTS PUBLI	OF THE SCREEN SHED BY THE 5TH	SHOTS OF THE RESPONDENT
EXHIBIT P2(A)	TRUE COPY POSTS PUBLI	OF THE SCREEN SHED BY THE 5TH	SHOTS OF THE RESPONDENT
EXHIBIT P2(B)	TRUE COPY POSTS PUBLI	OF THE SCREEN SHED BY THE 5TH	SHOTS OF THE RESPONDENT
EXHIBIT P3	TRUE COPY 28.09.2019 COMMISSIONE	OF THE COM SUBMITTED R OF POLICE,ERN	PLAINT DATED BEFORE THE AKULAM
EXHIBIT P4	TRUE COPY 28.09.2019 EXT.P3 COMP	OF THE ACKNOWL EVIDENCING THE LAINT	EDGEMENT DATED SUBMISSION OF
EXHIBIT P5	TRUE COPY 04.10.2019 RESPONDENTS	OF THE LAWYER SENT BY THE PET NO.5	NOTICE DATED ITIONER TO THE
EXHIBIT P6	TRUE COPY 11.03.2020	OF THE REPRESE ADDRESSED TO RE	NTATION DATED SPONDENTS NO.1
EXHIBIT P7	TRUE COPY 11.03.2020	OF THE REPRESE ADDRESSED TO RE	NTATION DATED SPONDENTS NO.3
EXHIBIT P8	TRUE COPY 11.03.2020	OF THE REPRESE ADDRESSED TO RE	NTATION DATED SPONDENTS NO.4
EXHIBIT P9	TRUE COPY EVIDENCING AND P8 C AUTHORITIES	OF THE POS THE SUBMISSION OMPLAINT TO T	TAL RECEIPTS OF EXTs.P6,P7 HE RESPECTIVE
EXHIBIT P10	TRUE COPY 27.02.2003 AND INFORM OF INFORMAT	OF NOTICIATION OF MINISTRY OF ATION TECHNOLOG ION TECHNOLOGY)	NO.181 DATED COMMUNICATION Y (DEPARTMENT
EXHIBIT P11	TRUE COPY	OF THE NOTIFI	CATION NO.240
	DATED 25.0	3.2003 ISSUED B	Y MINISTRY Of

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WP(C).No.29098 OF 2020(J)

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

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY//

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PA TO JUDGE

Shwas Homes Pvt. Ltd. v. Union of India

Case brief

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Shwas Homes Pvt. Ltd. v. Union of India

Case brief

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