Writ of Mandamus cannot be issued to lift property attachments; proper procedure must be followed as per jurisdictional court precedent.

JUDGMENT

Dated this the 2^nd day of March, 2026 The writ petition is filed seeking the following prayers:-

i. To issue a Writ of Mandamus order or direction commanding and compelling the 2" respondent to remove the attachment made subsequent to the creation of Mortgage in the properties having in Re. Sy.Nos.162/17 (Old.Sy.No. 162/11) of Mararikulam North Village, Cherthala Taluk, Alappuzha District having an extent of 02.50 Ares owned by the borrower Mr. Jinakaraj M.P. as evident in Ext.P6 in the Secured Assets;

ii. To issue such other order or direction as this Honorable Court deems fit and proper in the facts and circumstances of the case

2. The relief sought in this writ petition is squarely covered by the judgment of this Court in Fathima v. Canara Bank [ 2025 (3) KLT 367 ] which says that this Court cannot efface attachments invoking Article 226 of the Constitution of India. The aggrieved party has to move the Court which has passed the attachment to get it lifted. Hence, the petitioner is permitted to move in accordance with the dictum laid down by this Court in Fathima v.

Canara Bank [ 2025 (3) KLT 367 ]

The writ petition is disposed of as above.

Sd/-