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Madras High CourtWP/31317/2023dismissed as infructuous

Kirubamohan Thangaraj v. Union Of India

2023-11-29Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 29.11.2023

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and W.M.P.Nos.30935, 30936, 30938, 30939 & 30940 of 2023 Kirubamohan Thangaraj ... Petitioner in all petitions Vs.

1.Union of India, Rep by its Secretary to Government, Ministry of Electronics and Information Technology (Meity), Electronics Niketan, 6 CGO Complex, Lodhi Road, New Delhi (India) 110003.

2.Youtube LLC, Rep by its Resident Grievance Officer, India, Suraj Rao Google LLC, India Liaison Office Unit, Unit No.26, The Executive Centre, Level 8, DLF Centre, Sansad Marg, Connaught Place, New Delhi 110 001.

... Respondents in all petitions 1/8

Prayer in W.P.No.31317 of 2023:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent pertaining to email dated 26.06.2023 and the email of the 2nd respondent dated 15.06.2023 pertaining to the blocking of the petitioner's youtube channel titled "Roots Tamil" and all proceedings connected thereto and quash the same as being unconstitutional, illegal and unreasonable and consequently, direct the 2nd respondent to unblock the YouTube Channel "Roots Tamil" having Channel ID "Roots Tamil".

Prayer in W.P.No.31318 of 2023:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent dated 21.06.2023 pertaining to the termination of the petitioner's youtube channel titled "Roots 24X7" and all proceedings connected thereto and quash the same as being unconstitutional, illegal and unreasonable and consequently direct the 2nd respondent to unblock the Youtube channel "Roots 24X7" having channel ID "@rootsnews24X7".

Prayer in W.P.No.31319 of 2023:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the 2nd respondent from 2/8

in any way blocking, masking, suspending or terminating the petitioner's youtube channel titled "Tribes" having channel ID @TribesTamil either pursuant to the email dated 06.10.2023 or otherwise. For Petitioner in all petitions : Ms.Huda Syed, for Mr.Richardson Wilson For Respondent in all petitions : Mr.R.Rajesh Vivekananthan, Deputy Solicitor General of India, for R1 Mr.P.S.Raman, Senior counsel, for M/s.Leela and Co., for R2 COMMON ORDER W.P.No.31317 of 2023:

As far as W.P.No.31317 of 2023 is concerned, the blocking order was issued by the respondent on 15.06.2023 against the petitioner and accordingly on 26.06.2023, the channel of the petitioner titled "Roots Tamil" was blocked by 2nd respondent. Hence, this writ petition.

2. However, the learned counsel for the respondents would submit that on 14.11.2023, the unblocking order was issued by the Ministry of Electronics and Information Technology (Meity) and with effect from 3/8

20.11.2023, the petitioner's channel has been unblocked by the the second respondent. In such view of the matter, the prayer in this writ petition has become infructuous.

3. Accordingly, recording the above submissions, this writ petition is dismissed as infructuous. Consequently, the connected miscellaneous petitions are also closed. No cost.

W.P.No.31318 of 2023:

As far as W.P.No.31318 of 2023 is concerned, the 2nd respondent had terminated the petitioner's channel on 21.06.2023 stating that the said channel had violated the policies of the 2nd respondent. Hence, this writ petition.

2. The learned counsel for the respondents would submit that subsequent to the explanation given by the petitioner, 2nd respondent is ready to restore the channel of the petitioner titled "Roots 24X7". 4/8

3. Therefore, recording the above submission, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petitions are also closed.

W.P.No.31319 of 2023:

As far as W.P.No.31319 of 2023 is concerned, this writ petition has been filed forbearing the 2nd respondent from blocking the petitioner's channel.

2. The learned counsel for the respondents would submit that this channel of the petitioner titled "Tribes" was not yet blocked and no blocking order has been passed till date.

3. The said submission made by the learned counsel for the respondents was also confirmed by the learned counsel for the petitioner. 5/8

4. In view of the above, it appears that this writ petition has been filed in a pre-mature manner. Therefore, this Court is inclined to dismiss this writ petition.

5. Accordingly, this writ petition is dismissed. No cost. Consequently, the connected miscellaneous petition is also closed. 29.11.2023 Speaking/Non-speaking order Index : Yes / No nsa To 1.Union of India, Rep by its Secretary to Government, Ministry of Electronics and Information Technology (Meity), Electronics Niketan, 6 CGO Complex, Lodhi Road, New Delhi (India) 110003.

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2.Youtube LLC, Rep by its Resident Grievance Officer, India, Suraj Rao Google LLC, India Liaison Office Unit, Unit No.26, The Executive Centre, Level 8, DLF Centre, Sansad Marg, Connaught Place, New Delhi 110 001.

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KRISHNAN RAMASAMY.J., nsa and W.M.P.Nos.30935, 30936, 30938, 30939 & 30940 of 2023 29.11.2023 8/8