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2026 Supreme(Online)(Ker) 14869

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Basant Balaji, J
DILEEP KUMAR S. – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: ADV SHRI.J.G.SYAMNATH
For the Respondents: ADV SHRI.SUNIL SHANKER, SMT.VIDYA GANGADHARAN, SHRI.THOMAS GLAISON, SHRI.ASHLIN SAJU

JUDGMENT

Dated this the 27th day of February, 2026 This writ petition is filed seeking a direction to the 2nd respondent to enter Ext.P1 sale certificate, issued in favour of the petitioner under the SARFAESI Act, 2002 , in Book No.1, under Sec.89 (4)

of the Registration Act, 1908 , without insisting on stamp duty. 2. The petitioner is the absolute owner in possession of the property covered by a sale certificate dated 13.11.2025 issued in accordance with law by the competent authority of the 3rd respondent. The petitioner approached the 2nd respondent requesting for inclusion of sale certificate in Book No.1 and submitted a representation on 27.12.2025 pointing out that refusal to enter the sale certificate in book No.1 is contrary to the Registration Act and the law declared by this Court. The 2nd respondent issued a communication dated 08.01.2026 rejecting the petitioner’s request stating that the sale certificate cannot be included in book No.1 without payment of stamp duty. Aggrieved by this refusal, the petitioner has approached this Court seeking the following reliefs:

A] A Writ of Mandamus directing the 2nd respondent to include the Exhibit-P1 sale certificate dated 13-11

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