S.Vadivel v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.05.2023

CORAM

THE HON'BLE MR.JUSTICE A.A.NAKKIRAN W.P.No.15660 of 2023 S.Vadivel

...Petitioner

vs.

1. The State of Tamilnadu, Rep. by the Superintendent of Police, Erode City, Erode.

2. The Deputy Superintendent of Police, Erode Town Station, Erode.

3. The Inspector of Police, Erode North Police Station, Erode - 638 011.

4. Galatta Media Private Limited, No.177, Raheja Towers, 7th Floor, Sigma wing, Anna Salai, Chennai - 02.

5. Sun TV Network Limited, (Sun News), Murasoli Maran Towers, 73, MRC Nagar Main Road, MRC Nagar, Chennai - 600 028.

6. Metropolitan Chennai Television Pvt. Ltd., (Thanthi TV Network) No.86, E.V.K.Sampath Road, Vepery, Chennai - 07.

7. Ver se innovation Private Limited, (Dailyhunt network), 11th Floor, Wing E, Helios business park outer ring road, Kadubeesanahalli, Bengaluru - 560 103.

8. Splus Media, (News Tamil 24*7), No.145, Rukmani Lakshmipathy Road, Pudupet, Chennai - 08.

9. Nian Media Private Limited, (Behindwoods), No.118-E, Building-B, Velachery Main Road, Guindy, Chennai - 32.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to remove the videos in the online social media by considering the representation of the petitioner, dated 09.05.2023 within a time as stipulated by this Court.

For Petitioner : Mr.M.Roshan Atiq For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) for RR-1 to 3

O R D E R

The petitioner has filed this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to remove the videos in the online social media by considering the representation of the petitioner, dated 09.05.2023.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 to 3.

3. The learned Counsel for the petitioner submitted that on 22.03.2023, originally, the complaint was lodged by one Sathish Kumar against his wife Devipriya, her parents and the petitioner himself on the allegations that the said Devipriya had cheated the said Sathish Kumar by not revealing her first marriage and further having an affair with the petitioner. On the same day of the complaint, all Tamil News channels and

online platforms had published a news in a derogatory manner that the petitioner is in affair with the said Devipriya. He submitted that on 20.04.2023, the said Sathish Kumar had withdrawn the complaint, dated 22.03.2023 after the said news was published, since the matrimonial dispute between said Sathish Kumar and Devipriya was settled.

4. It is the further submission of the learned Counsel for the petitioner that the petitioner had given a representation on 23.04.2023 to the second respondent requesting to take steps to remove the videos from the online, but, they had not taken any action. Again, on 09.05.2023, the petitioner submitted another representation to the second respondent for the above said purpose. Despite of the same, no actions were taken by the second respondent. Hence, prays to allow the petition by directing the respondents 1 to 3 to remove the videos in the online social media by considering the representation of the petitioner, dated 09.05.2023.

5. Recording the submissions of the learned Counsel for the petitioner, this Court directs the respondents 1 to 3 to take necessary action for removing the videos in the online social media by considering the

representation of the petitioner, dated 09.05.2023 within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition is allowed with the above said direction. No costs.

17.05.2023 Index : Yes / No Speaking Order : Yes / No : Yes / No mfa/grs To

1. The Superintendent of Police, Erode City, Erode.

2. The Deputy Superintendent of Police, Erode Town Station, Erode.

3. The Inspector of Police, Erode North Police Station, Erode - 638 011.

4. The Public Prosecutor, High Court of Madras.

A.A.NAKKIRAN., J.

mfa/grs W.P.No.15660 of 2023 17.05.2023