BABU HARIHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has come to this Court seeking issue of directions to respondents 2 to 4 - police officials under the 1st respondent State, under Article 226 of the Constitution of India to afford protection for the life and person of the petitioner against illegal, culpable and violent conduct on the part of respondents 5 to 7. Respondents 5 and 6 are none other than the younger brothers of the petitioner. THE 7th respondent is allegedly an employee of respondents 5 and 6 and a distant relative of the petitioner.

(2.) THERE admittedly are civil disputes and litigation between the petitioner on the one hand and his brothers on the other. It is the case of the petitioner that the 7th respondent, an employee of the 6th respondent, had pelted stones at the house of the petitioner. He lodged a complaint, but no action was taken by the police. The petitioner apprehends that respondents 5 to 7 may indulge in such contumacious, culpable and violent acts in future. Hence protection is claimed for the life and person of the petitioner.

(3.) THE learned Government Pleader after taking instructions submits that there are bitter disputes between the parties. THE brothers have been called to the police station. THEy have agreed not to indulge in any contumacious or culpable acts against the other. THE 6th respondent had offered that the petitioner can visit his mother at his house without any obstruction. According to the police, in their perception, there is no threat to the life or person of the petitioner. THE petitioner can visit his mother at the house of the 6th respondent without any obstruction from the 6th respondent provided he goes there only to visit his mother. No further directions are necessary in this matter. If there be any contumacious or culpable conduct on the part of respondents 5 to 7 against the petitioner, the police shall take necessary action, undertakes the learned Government Pleader.