IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 21434 of 2009(S) -------------------------- PETITIONER(S): --------------- 1. JUSTITIA, MAVOOR ROAD, KOZHIKODE, REP. THROUGH VICE PRESIDENT K.L.ABDUL SALAM RESIDING AT 'HIS GRACE' MUZHATHADOM,KANNUR 2. 2. P.P.MOHAMMED, S/O. IBRAHIMKUTTY HAJI AMINA COTTAGE, PO THANA, KANNUR DIST. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): --------------- 1. THE GOVERNMENT OF KERALA, REP. BY SECRETARY, REVENUE DEPARTMENT, TRIVANDRUM. 2. INSPECTOR GENERAL (REGISTRATION) VANCHIYUR, TRIVANDRUM. 3. THE STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, TRIVANDRUM. GOVT.PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.21434 of 2009 ---------------------------------------------- Dated 30th July, 2009. J U D G M E N T Kurian Joseph, J. This writ petition has been filed, apparently in public interest, with the following prayers :- (i) declare that Registering Authority under Registration Act are bound to register documents or conveyance presented for registration without insisting stamp duty or registration fee on fair value which Sub Registrar deem fit as correct and proper. (ii) Issue a writ of mandamus or such other writ or order directing 1st and 2nd respondents to take steps directing Registering Authorities under them to register the document when presented without insisting payment of stamp duty or registration fee on fair value which according to the Registering Authority is correct and proper value.” Learned Government Pleader on instruction submits that so far the Government has not notified fair value rates in the respective areas and hence all the registration authorities are free to register documents as presented by the parties showing the prevailing rates, without insisting for the market value as fixed by the registering authority. However, under law, in case it is found subsequently that the parties have not shown actual value or WP(C) NO.21434/09 2 they have undervalued the property, the procedure in accordance with law for undervaluation would follow. The petitioner cannot have any objection with regard to that procedure. The only grievance is with regard to the refusal on the part of the registering authorities registering the documents when presented. In view of the submission made by the learned Government Pleader and noted by us above, the Registration Officers have to register the documents on the basis of the valuation at prevailing rates and as furnished in the documents, subject to their power to take appropriate action after registration, in case of alleged undervaluation. The writ petition is disposed of as above. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.21434 of 2009 ---------------------------------------------- J U D G M E N T Dated 30th July, 2009.