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2026 Supreme(Online)(Ker) 34727

IN THE HIGH COURT OF KERALA AT ERNAKULAM


2026:KER:41975


WP(C) NO. 11995 OF 2025


PRESENT

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS


FRIDAY, THE 12TH DAY OF JUNE 2026 / 22ND JYAISHTA, 1948


PETITIONERS :

1 JAYAKUMAR RAGHAVAN S/O RAGHAVAN

AGED 54 YEARS

MANGALATH HOUSE,

NANGIARKULANGARA P.O,

HARIPAD, ALAPPUZHA, PIN – 690 513.

2 SUMA JAYAN, W/O JAYAKUMAR RAGHAVAN

AGED 52 YEARS

PUTHANKANDATHIL HOUSE,

KANJOOR,

CHEPPAL, ALAPPUZHA, PIN – 690 507.


BY ADVS.

SHRI.HAPPYMON BABU

SMT.BLESSY MARY SEBASTIAN

SHRI.ATHUL M. JOSHEY


RESPONDENTS :

1 WEB INFORMATION MANAGER

UNION OF INDIA, MINISTRY OF INFORMATION & BROADCASTING

JOINT SECRETARY (P&A),

M/O INFORMATION& BROADCASTING,

ROOM NO.552,

A WING SHASTRI BHAVAN,

NEW DELHI, PIN – 110 001.

2 SECRETARY

MINISTRY OF ELECTRONICS AND INFORMATION 6,

CGO COMPLEX LODHI ROAD,

NEW DELHI, PIN – 110 003.

3 JASMI SUDHIR

D/O T.C SUGHATHAN

THINAYATHU HOUSE,

MOOTHAKUNNAM P.O.,

MOOTHAKUNNAM,

PARAVUR, PIN – 683 516.


BY ADVS.

O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA

SMT.K.V.RASHMI

SMT.LAKSHMI

SHRI.RAHUL ANIL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

W.P.(C) No. 11995 of 2025

Dated this the 12th day of June, 2026

JUDGMENT

Petitioners have filed this writ petition seeking a direction to the respondents to immediately remove the defamatory photographs, videos and voice recordings posted by the third respondent on social media platforms such as WhatsApp, as well as any other platforms where they have been shared. They seek a further direction to refrain the third respondent from harassment, threats or publication of any personal content relating to petitioners. Petitioners have also sought for compensation for the damage caused to their family life, dignity, and privacy.

2. The learned counsel for the third respondent submitted that the defamatory content, including photographs, videos and voice recordings, allegedly posted on social media platforms such as WhatsApp, and other platforms where they have been shared, do not exist now as all have been deleted. It was also submitted that the third respondent does not intend to upload any such content further. The aforesaid submissions are recorded.

3. Since the alleged social media content indicating the presence of the petitioners have already been removed, nothing further survives for consideration in this writ petition, as far as relief No.i to iii is concerned.

4. As far as relief No.iv is concerned, the claim for compensation is a matter which requires appreciation of disputed question of facts, and is not a matter in which the jurisdiction under Article 226 of the Constitution of India should be exercised. Remedy of the petitioners for that purpose is to approach the appropriate forum.

5. Accordingly, this writ petition is closed, as far as relief Nos.(i) to (iii) are concerned while the liberty of the petitioners to initiate appropriate proceedings, for relief No.iv, before the appropriate forum, is reserved, if available in law.

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