IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
AL AMEEN.M, SHYMA.Z – Appellant
Versus
SUB REGISTRAR, VILLAGE OFFICER, SOUTH INDIAN BANK LTD – Respondent
JUDGMENT
The learned Government Pleader takes notice for respondents 1 and 2. The learned Standing Counsel takes notice for the 3rd respondent.
2. This writ petition has been filed by the petitioner under Article
226 of the Constitution of India seeking the following reliefs:-
1. Declare that Exhibit.P1 Sale Certificate issued by the Authorised Officer of the 3rd respondent Bank in favour of the petitioners is liable to be filed/entered in Book No.I as contemplated under Section 89 (4) of the Registration Act 1908 without any stamp duty.
2. Issue a Writ of Mandamus or other appropriate writ, order or direction, directing the 1st respondent to file/enter Exhibit.P1 Sale Certificate issued by the Authorized Officer of the 3rd respondent Bank under the SARFAESI proceedings in Book No.1 under section 89(4) of the Registration Act without insisting the Stamp Duty.
3. Issue a Writ of Mandamus or other appropriate writ, order or direction directing the 2nd respondent to effect mutation in respect of the property covered by Exhibit.P1 Sale Certificate in favour of the petitioners and to accept the basic tax after the Sale Certificate is entered in Book No.1 under section 89(4) of the Registra
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