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2026 Supreme(Online)(Ker) 10170

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ZIYAD RAHMAN A.A., J
T.P. Construction – Appellant
Versus
THE CONSERVATOR OF FORESTS WILD LIFE & CEO OF THE SPV FOR-ELEPHANT REHABILITATION CENTRE-KOTTOOR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.JINISH PAUL, SMT.SNEHA V.
For the Respondents: SRI.P.THOMAS GEEVERGHESE, SHRI.S.CHANDRASEKHARAN NAIR, SHRI.T.P.SAJAN

JUDGMENT

The petitioner has approached this Court seeking the following reliefs:

i. Issue a writ of mandamus or nay other appropriate Writ, Order or direction commanding respondents 1 & 2 to release the amount attached in C.S. No.5/2024, in terms of the Ext.P1 settlement and Ext.P3 order.

ii. Declare that the continued withholding of the payment by respondents 1 and 2 after Ext.P3 order is illegal, arbitrary, and in violation of the judicial order passed by the Commercial Court, Perumbavoor.

iii. Direct respondents 1 and 2 to disburse the amount to the petitioner without further delay, enabling the petitioner to honour the settlement with the 3rd respondent.

iv. Grant such other and further reliefs as this Hon’ble Court may deem fit in the interest of justice.

2. The facts that led to the filing of this writ petition are as follows:

The petitioner is the 1st defendant in C.S. No.5/2024 on the files of the Commercial Court, Perumbavoor, which suit was filed by the 3rd respondent for recovery of money from the petitioner. In the said suit, garnishee order was passed by the Commercial Court, in respect of the amounts payable to the petitioner by respondents 1 and 2. Subsequently, a dispute

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