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2019 Supreme(Ker) 625

C.T.RAVIKUMAR, N.NAGARESH
District Registrar, Thrissur – Appellant
Versus
Peringandoor Service Co-Operative Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt. K.R. Deepa.
For the Respondent: P.N. Mohanan.

JUDGMENT :

N. NAGARESH, J.

1. Appellants 1 and 2, the District Registrar and Sub-Registrar, who were respondents 1 and 2 in W.P. (C) No. 18759/2012, challenge judgment dated 04.02.2015 therein whereby the learned Single Judge quashed Ext.P10 order and Ext.P11 notice demanding stamp duty.

2. The facts emerging from the pleadings are as follows:-

The respondent herein is the petitioner in W.P. (C) No. 18759/2012 (hereinafter referred to as ‘the petitioner’ for clarity) and is a Primary Agricultural Bank. The petitioner wanted to install Poly House and Tissue Culture Lab and Nursery. Government sanctioned Rs. 5.60 lakhs as grant towards share capital and subsidy, for that purpose. The Bank decided to construct a godown and shopping complex for procuring agricultural products and marketing the same.

3. For this purpose, the Bank resolved to purchase 16.480 cents of land for Rs. 82,23,520/- from one of its members. Ext.P3 resolution dated 31.12.2010 was passed to that effect. The Joint Registrar of Co-operative Societies granted sanction for purchase as per Ext.P4, on 28.02.2011. Thereupon, an agreement for sale of property was executed on 12.03.2011. Ext.P6 sale deed dated 09.05.2011 was ex

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