Supreme Court of India · 2006-05-12
Howrah Mills Co. Ltd. & Anr vs Md. Shamin & Ors
- Citation / case number
- AIRONLINE 2006 SC 276
- Court
- Supreme Court of India
- Petitioner
- Howrah Mills Co. Ltd. & Anr
- Respondent
- Md. Shamin & Ors
- Author
- P.K. Balasubramanyan
- Bench
- S.B. Sinha, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that the High Court's jurisdiction under Article 226 of the Constitution of India can be exercised to issue a writ of mandamus for police protection of property, even amidst disputes over ownership. The Court emphasized that the need for protection of the property, especially during the revival process approved by the BIFR, outweighed the claims of co-owners. The Court reinstated the interim order of the Single Judge, affirming the necessity of police assistance to prevent unauthorized interference with the property.