Kerala High Court
Peringazha Sree Durga Bhagavthy … vs The Sub Registrar on 26 February, 2026
2026:KER:17323
WP(C) NO. 6955 OF 2026 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
WP(C) NO. 6955 OF 2026
PETITIONER/S:
PERINGAZHA SREE DURGA BHAGAVTHY KSHETRA SAMITHI,
(REG. NO:ER234/96), REPRESENTED BY ITS PRESIDENT,
MR. V.A. APPUKUTTAN, S/O. AYYAPPAN NAIR,
PUTHANMADATHIL (H), PERINGAZHAKARA, HMT COLONY P.O.,
KALAMASSERY, ERNAKULAM DISTRICT, PIN - 683503
BY ADV SRI.RANJITH XAVIER
RESPONDENT/S:
1 THE SUB REGISTRAR,
OFFICE OF THE SUB REGISTRAR, EDAPPALLY, RAILWAY STATION
RD, NEAR EDAPPALLY RAILWAY STATION, PONEKKARA,
EDAPPALLY, ERNAKULAM, KERALA, PIN - 682041
2 THE AUTHORISED OFFICER,
STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH,
FIRST FLOOR, R.S. BUILDING, NEAR METRO PILLAR NO. 697,
OPPOSITE MAHARAJA'S COLLEGE GROUND, M.G. ROAD,
ERNAKULAM, PIN - 682011
3 THE DISTRICT REGISTRAR, ERNAKULAM
OFFICE OF THE DISTRICT REGISTRAR (GL), ERNAKULAM SOUTH
P.O., NEAR RAILWAY STATION, ERNAKULAM DISTRICT,
PIN - 682016
4 THE INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, EX-
MAJOR R. BALAKRISHNAN NAIR ROAD, NEAR DISTRICT COURT,
VANCHIYOOR, THIRUVANANTHAPURAM, KERALA, PIN - 695035
2026:KER:17323
WP(C) NO. 6955 OF 2026 2
SRI. K. M. FAISAL, GP
SRI. JITHESH MENON, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 6955 OF 2026 3
JUDGMENT
Dated this the 26th day of February, 2026
The writ petition is filed with the following prayer;
(i) Issue a writ of mandamus or such other writ, order or direction
directing the first respondent to file Ext.P1 Certificate of Sale in Book
No.1 of the Sub Registrar Office, Edappally as mandated under Section
89(4) of the Registration Act, 1908 without insisting on payment of
stamp duty, creating a charge on petitioner’s property mentioned in
Ext.P1, expeditiously, within a timeframe that may be specified by this
Hon’ble Court.
2. The petitioner is a charitable society registered under the
provisions of the Travancore – Cochin Literary, Scientific and Charitable
Societies Registration Act, 1955. The petitioner participated in an e-
auction conducted by the 2nd respondent who is the authorised officer of
the State Bank of India on 07.10.2025 for the sale of 1.69 Ares of land in
Re.Sy No.216/6 of (Old Survey No.999/1483) Block 6 in Thrikkakara North
Village, Kanayannoor Taluk, Ernakulam District. The sale was confirmed
and the petitioner paid a total consideration of Rs.42,47,000/- being the
sale price as per the terms of the public notice and relevant statutory
provisions.
3. The 2nd respondent issued a Certificate of Sale dated
18.11.2025 to the petitioner. The Chief Manager and the Authorised
Officer forwarded the Sale Certificate to the 1 st respondent to record/file
the transfer of the immovable property in Book No.1, but the 1 st
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WP(C) NO. 6955 OF 2026 4
respondent is insisting that the sale certificate cannot be filed in Book
No.1 unless the same is engrossed on stamp paper as prescribed by the
4. Regarding the question of payment of stamp duty in a sale
certificate, it is now referred to a larger bench in W.A Nos.1520 and 1823
of 2025 dated 28.08.2025, which is still pending. In the meanwhile, it was
ordered that any sale certificate forwarded by the Bank under Section 89
(4) of the Registration Act shall be incorporated in the Book No.1 either
by collecting stamp duty under protest from such auction purchaser or
making it as a charge over the property without collecting stamp duty.
Option is left to the individual auction purchaser till further decision is
taken in the matter by a Full Bench.
5. Given the above reasons, the petitioner has two options
either to pay stamp duty under protest or make a charge over the
property. If the option is exercised, the respondent shall incorporate the
sale certificate, in Book No.1 within one month from the date of its
presentation.
The Writ Petition is disposed of as above.
Sd/-
BASANT BALAJI
JUDGE
Sru
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WP(C) NO. 6955 OF 2026 5
APPENDIX OF WP(C) NO. 6955 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF SALE DATED
18.11.2025 ISSUED BY THE SECOND RESPONDENT
AUTHORISED OFFICER TO THE PETITIONER SOCIETY
Exhibit P2 TRUE COPY OF THE COVERING LETTER DATED
04.02.2026 SENT BY THE CHIEF MANAGER AND
AUTHORISED OFFICER OF THE STATE BANK OF INDIA
TO THE FIRST RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 30.10.2025 OF
THIS HON’BLE COURT IN WP(C) NO. 26278/2025