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2026 Supreme(Online)(Ker) 10876

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
EBY ALPHONSE – Appellant
Versus
SUB REGISTRAR CHALAI SUB REGISTRY OFFICE, THIRUVANANTHAPURAM – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ZAKEER HUSSAIN, SMT.K.A.SANJEETHA, SHRI.LOVEWIN VINU, SMT.NAFEESA THUL MISRIYA P. J.
For the Respondents: SRI. K. M. FAISAL, GP

Table of Content
1. petitioner seeks entry of sale certificate without stamp duty. (Para 1 , 2)
2. question of stamp duty referred to full bench. (Para 3)
3. court directs incorporation of sale certificates. (Para 4)

JUDGMENT

(Dated this the 17th day of February, 2026)

This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

“i) 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.1 as contemplated under Section 89 (4) of the Registration Act, 1908 without any stamp duty.

ii) 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 Authorised 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.

iii) Issue a writ of mandamus or other appropriate writ, order or direction directing the 2ndrespondent to effect mutation in respect of the property covered by Exhibit P1 Sale Certificate in favour of the

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