Sheela P V W/o Sri C P Yogeeshwara v. Union of India
2025-06-30
S.SUNIL DUTT YADAV
body2025
DigiLaw.ai
ORDER : S SUNIL DUTT YADAV, J. Petitioner has filed the present writ petition seeking for issuance of writ of mandamus to direct respondent No.4 to take appropriate action pursuant to the complaint dated 28.10.2024. Petitioner has also sought for issuance of writ of mandamus to direct respondents 4 to 9 to delete / block YouTube links, Instagram ID and X-Corp account of respondent No.10, as detailed at Annexure-C. Petitioner has further sought for issuance of writ of mandamus to direct respondents 5 to 9 to delete URL links mentioned in the schedule and not to transmit, share or forward the URL links mentioned in schedule-B to the petition. Petitioner has further sought for certain other reliefs. 2. It is noticed that before the Civil Courts, petitioner and respondent No.10 are at issue in O.S.No.26115/2024 and the defendants in the said suit were restrained from publishing or web hosting or telecasting any family matters or personal matters relating to the plaintiff until further orders. 3. Sri. K. N. Phaneendra, learned Senior Counsel appearing for the petitioner submits that the reason for moving the matter was in light of certain apprehended adverse consequences on electoral prospects due to acts of publishing as referred to in the petition during the election campaign. 4. This Court by interim order dated 04.11.2024 had passed an interim order, which reads as follows: "Sri K N Phanindra, learned Senior Counsel representing the petitioner's counsel, submits that despite the order passed by the jurisdictional Civil Court in OS No.25700/2024 and OS No.26115/2024 restraining the respondents No.5 to 10 herein and others from publishing, web hosting or telecasting any family matters or personal matters relating to the petitioner until further orders, the said respondents are continuing to publish derogatory statements against the petitioner and her family members, and he further submits that the police have not taken any action on the complaint filed by the petitioner. Sri Shanthi Bhushan, learned Deputy Solicitor General of India is directed to accept notice for the respondent No.1. The learned Additional Government Advocate accepts notice for the respondents No.2 to 4. Issue emergent notice to the respondents No.5 to 10. The respondents No.5 to 9 are hereby directed to delete/block the links, FaceBook ID, Instagram ID and X-Corp account of respondent No.10 mentioned in Annexure-C/schedule-B till the next date of hearing. The office objections to be complied within three days.
Issue emergent notice to the respondents No.5 to 10. The respondents No.5 to 9 are hereby directed to delete/block the links, FaceBook ID, Instagram ID and X-Corp account of respondent No.10 mentioned in Annexure-C/schedule-B till the next date of hearing. The office objections to be complied within three days. Hand delivery ordered." 5. Sri. Srinivasa Raghavan, learned Senior Counsel appearing for the respondents submits that the effect of interim order passed is far beyond what was sought for before the trial Court. 6. Various contentions have been raised. After hearing the matter for sometime, noticing that the petitioner and the 10 th respondent are at issue in O.S.No.26115/2024 and also noticing that O.S.No.25700/2024 is pending between the petitioner and the media houses, and further noticing that there is an interim order in O.S.No.25700/2024 as well on same lines, it would be appropriate to relegate the parties to work out their remedy before the trial Court in the existing or even by instituting other proceedings before the Civil Court as may be found necessary. 7. Noticing the assertions of the petitioner and the pleadings made out, it would be open for the petitioner to enlarge the scope of the pending suit to seek for other reliefs including seeking for appropriate amendments to pleadings as may be found necessary. 8. Needless to state that the respondents are to adhere to the existing interim order as long as it is in subsistence while clarifying that it is always open to the respondents to seek for redressal of their grievance before the trial Court by way of appropriate measures including seeking modification / vacation or challenging the correctness of the order of the trial Court. 9. As has been observed earlier, it is open for the petitioner to seek for additional reliefs with respect to other aspects as raised in the petition which may not be a part of the pleadings before the trial Court. 10. Accordingly, petition is disposed off and all contentions are kept open. The legal questions raised are kept open. In light of the disposal of the writ petition, interim order earlier granted by this Court stands discharged.