The case projected in this Writ Petition is that the petitioner, which is a Limited Liability Partnership Firm, had availed a loan from the 4th respondent-Federal Bank with a limited liability of Rs.35 crores and as the security for the loan transaction, the petitioner has created equitable mortgage by depositing the title deeds on 19.5.2014. After such deposit of title deeds, the petitioner-firm had executed in favour of the 4th respondent-bank, Ext.P-1 memorandum of deposit of title deeds with an intention to create equitable mortgage in tune with the consistent banking practice in that regard. Ext.P-1 memorandum of deposit of title deeds has been registered as deed No.2039/2014 before the 2nd respondent-SRO, Chevayoor, Kozhikode. Later, the petitioner-firm had fully closed the loan transaction with the bank and as Ext.P-1 memorandum of title deed was registered, the petitioner and the 4th respondent had decided to cancel Ext.P-1 registered memorandum through Ext.P-2 deed of cancellation of the above said memorandum. The petitioner would contend that the stamp duty payable for registration of Ext.P-2 deed of cancellation of memorandum is covered by the legal principles laid down by this Court in the decisions as in Rema Suresh v. District Registrar (General), Palakkad & Ors., reported in 2017 (4) KLT 606, State of Kerala v. Sankar, reported in 2018 (1) KLT 195 (DB) and South Indian Bank Ltd. v. Ramachandran, reported in 2017 (2) KLT 705. Ext.P-2 deed of cancellation has been executed on 8.2.2018. According to the petitioner, going by the legal principles laid down in the aforecited judgments, the applicable stamp duty is in terms of Article 15 of the Schedule appended to the Kerala Stamp Act. Further that the petitioner had also paid the registration fee on that basis on 1.3.2018 as evidenced by Ext.P-4, which was the first step towards presentation of registration of Ext.P-2 cancellation deed. The petitioner has also submitted Ext.P-3 letter dated 14.3.2018 before the 2nd respondent-SRO requesting that Ext.P-2 cancellation be registered after imposition of stamp duty and registration fee in terms of the legal principles already laid down by this Court in the aforecited decisions. It appears that the 2nd respondent-SRO has taken the stand that the applicable stamp duty for registration of Ext.P-2 cancellation deed is in terms of Article 6(3) of the Schedule appended to the Kerala Stamp Act, on the basis of the amended provisions, which has been made effective from 1.4.2018 as per the amendment to the Finance Act, 2018, reads as follows:

The 2nd respondent-SRO has also taken the stand as per the impugned Ext.P-5 memo dated 4.4.2018 that the applicable registration fee in respect of registration of Ext.P-2 cancellation deed is the one prescribed in Article I(a)(1) appended to the Table of registration fees prescribed under S.78 of the Registration Act.

2. Heard Smt.V.Mimitha, learned counsel for the petitioner, Sri.K.V.Sohan, learned State Attorney appearing for official respondents 1 to 3 and Smt.Latha Anand, learned counsel appearing for the 4th respondent-bank.

3. It is relevant to note that similar transactions in question dealt with in the aforecited first two decisions of this Court were on the basis of documents executed prior to 1.4.2018. Therein, the petitioners-executants concerned had taken up the stand that for registration of similar memorandum of deposit of title deeds, stamp duty payable is under Article 15 of the Schedule to the Kerala Stamp Act whereas, the respondent-registration officials had taken the stand that the stamp duty imposable is in terms of Article 6(1) of the Schedule to the Keral