The court established that without a valid liability, an encumbrance on property cannot be maintained.

JUDGMENT

(Dated this the 23^rd day of February, 2026)

The prayers in the writ petition are as follows;

“(i) To issue a writ of mandamus or any other appropriate directions compelling and commanding the 1st respondent to inform the petitioner about the liability of the petitioner’s property towards the KSFE and if the liability is genuine the petitioner may be given an opportunity for clearing the liability.

(ii) To issue a writ of mandamus or any other appropriate directions compelling and commanding the 2nd respondent to make necessary entries in the encumbrance certificate after clearing the dues with the KSFE.

(iii) Issue such other Writ, Order or Direction that this Honorable Court may deem fit and proper in the nature and circumstances of the case.”

2. The petitioner is the absolute owner of 4.65 Ares of property comprised in Re-survey No. 486/1 in Block No. 25 of Mundakkal Village, Kollam District. The property originally belonged to the petitioner’s father, who passed away on 25.12.2019. Upon his demise, the petitioner, being one of the legal heirs, became the owner of the property.

3. When the petitioner applied for an Encumbrance Certificate, he noticed that an attachment for an amount of ₹11,609/- alleged to be due to the 1^st respondent was re therein, as evidenced by Ext.P1. The petitioner thereafter submitted Ext.P2 representation before the 1^st respondent seeking clarification/removal of the attachment. However, no reply has been received till date. Owing to the subsisting attachment shown in Ext.P1, the petitioner submits that he is unable to effect improvements to the property or avail any financial assistance.

4. The learned counsel for the 1^st respondent, on instructions, submits that upon verification of records, no attachment is presently subsisting in respect of the petitioner’s property having an extent of 4.65 Ares in Re- survey No. 486/1, Block No. 25 of Mundakkal Village, and that there is no liability outstanding in respect of the said property.

5. If that be so, the attachment shown in Ext.P1 cannot continue to remain as an encumbrance against the property. The learned Government Pleader submits that the entry in the encumbrance certificate was made at the instance of the 1st respondent.

6. When the creditor itself has no case that any liability subsists in respect of the property, such attachment cannot be permitted to continue in the revenue records.

7. In the above circumstances, acting upon the submission made by the learned counsel for the 1^st respondent, there will be a direction to the 2nd respondent to delete the entry of attachment in respect of 4.65 Ares of property comprised in Re-survey No. 486/1 in Block No. 25 of Mundakkal Village, Kollam District, and to issue a fresh Encumbrance Certificate without reflecting the said attachment, within a period of one month from the date of receipt of a copy of this judgment.

Sd/-