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2026 Supreme(Online)(Ker) 6218

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
JEEJA KUMARI.V – Appellant
Versus
SUB REGISTRAR, SUB REGISTRY OFFICE, NEYYATTINKARA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ZAKEER HUSSAIN, SMT.K.A.SANJEETHA, SHRI.ABY GEORGE
For the Respondents: SRI. MADHU RADHAKRISHNAN, SC

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 petitioner 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 petitioner and to accept the basic tax after the Sale Certificate is entered in Book No.1 under section 89(4) of the Registrati

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