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2026 Supreme(Online)(Ker) 12059

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ATHIRA SUDHEESH – Appellant
Versus
SUB REGISTRAR, OFFICE OF THE THIRUVANANTHAPURAM SUB-REGISTRAR – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ZAKEER HUSSAIN, SMT.K.A.SANJEETHA, SHRI.ABY GEORGE, SHRI.MUNEER P.M.
For the Respondents: GP SRI. K.M FAISAL

Table of Content
1. petitioner's request for the sale certificate registration. (Para 1 , 2)
2. full bench reference for stamp duty incorporation. (Para 3)
3. court's directive to the sub registrar. (Para 4)

JUDGMENT

(Dated this the 5th 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 Financial Institution in favour of the petitioner and her husband MR.Sudheesh Sugunan 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 Financial Institution 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 2nd respondent to effect mutation in respect of the prop

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