Kerala High Court
Anas K S vs The State Of Kerala on 25 February, 2026
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WP(C) NO. 47914 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 25TH DAY OF FEBRUARY 2026 / 6TH PHALGUNA, 1947
WP(C) NO. 47914 OF 2025
PETITIONER/S:
1 ANAS K S
AGED 53 YEARS
S/O. SULAIMAN, RESIDING AT KAITHAKKATTIL HOUSE,
VADAKKEKARA, ERATTUPETTA, KOTTAYAM DISTRICT,
PIN - 686121
2 SUNIL P S
AGED 52 YEARS
S/O. SIVAPRASAD, RESIDING AT PANDANKALLUNGAL HOUSE,
THALANADU KARA, THALANADU VILLAGE AND POST, MEENACHIL
TALUK, KOTTAYAM DISTRICT, PIN - 686658
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SHRI.RENJISH S. MENON
SMT.AVANTHIKA R.
SMT.ARUNIMA A.R.
SHRI.T.S.DAVIS
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT
REGISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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WP(C) NO. 47914 OF 2025 2
3 THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE LAND REVENUE COMMISSIONER
LAND REVENUE COMMISSIONERATE THIRUVANANTHAPURAM,
PIN - 695033
5 THE INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
THIRUVANANTHAPURAM, PIN - 695035
6 THE DISTRICT REGISTRAR
KOTTAYAM CIVIL STATION, COLLECTORATE P.O.,
KOTTAYAM DISTRICT, PIN - 686002
7 THE SUB REGISTRAR
ERATTUPETTA, KOTTAYAM DISTRICT, PIN - 686121
SRI. K. M. FAISAL, GP.
SRI. JOSE JOSEPH, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 25th day of February, 2026
Sri.Kaithakattil Sulaiman was the owner of a property having an
extent of 14.16 Ares in Re.Sy No.52/8A, Block No.48 of Erattupetta Village,
obtained by him as D schedule property in partition deed No.445/1963 dated
14.02.1963 of Poonjar SRO. The mutation was effected and he was paying
basic tax for the same. The aforesaid Sri.Kaithakattil Sulaiman died intestate.
The property thereafter devolved up on his wife Suhara Kasim and his
children Anas K S, Regi Kasim and Navas K S. The wife is no more. Thus,
the children Anas K S, Regi Kasim and Navas K S being the sole legal heirs,
one of his sons, Navas executed a sale deed No.254/1/2024 dated
17.02.2024 of Erattupetta SRO conveying his 2/5 share in his property in
favour of the 2nd petitioner. Ext.P3 is the sale deed. Thus, the 2 nd petitioner
became the co-owner of the property having 2/5 share of the property.
Subsequently, a partition was effected among the petitioners and the sister of
the 1st petitioner as per partition dated 29.11.2025. When the same was
presented for registration before 7th respondent on 29.11.2025, the 7 th
respondent refused to register the document. The 7 th respondent has issued
Ext.P5 communication stating that the stamp duty has to be paid as if it is a
sale deed and if the same is remitted, registration could be done. Therefore,
the petitioner challenges Ext.P5 in this writ petition and seeks for a writ of
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mandamus directing the 7th respondent to register Ext.P4 partition deed
without insisting payment of stamp duty payable for a deed of conveyance
but instead, to treat the document as a partition deed for which stamp duty is
payable under Article 42(a) of the Kerala Stamp Act, 1959.
2. Petitioners rely on Ext.P6 judgment of this Court in W.P.(C) No.
16256 of 2024 dated 04.07.2024 wherein a direction was issued to the Sub
Registrar to issue the same as a partition deed in similar circumstances.
Reliance is also placed on a decision of this Court in Pradeep Bharathan K
v. State of Kerala [2026 (2) KHC 73].
Having heard the learned counsel for the petitioners as well as the
learned Government Pleader and taking note of the fact that the 2 nd
petitioner being a purchaser of 2/5 share of the property of Sri.Navas, who
was one of the legal heirs of Sri.Kaithakattil Sulaiman, becomes the co-owner
of the property. Once he becomes a co-owner, he is entitled for partition.
The 7th respondent relies on a circular issued by the Land Revenue
Commissioner dated 21.04.2022 to reject the registration as if it is a partition
deed. If a stranger or any legal heir obtains share in the property either by
gift or by any other conveyance, he becomes a co-owner to the property.
Once, he becomes a co-owner, he is entitled to partition by metes and
bounds. The reasoning stated in Ext.P5 cannot be sustained in law in view of
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the decision of this Court in W.P.(C) No. 16256 of 2024 and in Pradeep
Bharathan K (supra). Hence, Ext.P5 is quashed. The 7 th respondent is
directed to register Ext.P4 partition deed by collecting stamp under Article
42(b) of the Kerala Stamp Act, as if it is a deed of partition. This shall be
done within a period of six weeks from the date of receipt of a certified copy
of the judgment.
Sd/-
BASANT BALAJI
JUDGE
Sru
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WP(C) NO. 47914 OF 2025 6
APPENDIX OF WP(C) NO. 47914 OF 2025
PETITIONERS EXHIBITS
Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT DATED
30.11.2023 ISSUED BY THE VILLAGE OFFICER,
ERATTUPETTA VILLAGE
Exhibit P2 THE TRUE COPY OF THE FAMILY MEMBERSHIP
CERTIFICATE ISSUED BY THE VILLAGE OFFICER,
ERATTUPETTA VILLAGE
Exhibit P3 THE TRUE COPY OF THE SALE DEED NO.254/1/2024
DATED 17.02.2024 OF ERATTUPETTA SRO
Exhibit P4 THE TRUE COPY OF THE PARTITION DEED EXECUTED
AMONG THE PETITIONERS AND THE SISTER OF THE
1ST PETITIONER DATED 29.11.2025
Exhibit P5 THE TRUE COPY OF THE PROCEEDINGS DATED
29.11.2025 OF THE 7TH RESPONDENT
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED
04.07.2024 IN W.P.(C) NO.16256/2024 ON THE
FILES OF THIS HONOURABLE COURT