IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5682 of 2010(I) ------------------------- PETITIONER(S): --------------- KESAVAN.M.K., S/O.KUNJUNNI, MADATHIL HOUSE, P.O.MULAVUKADU, ERNAKULAM DISTRICT, KERALA STATE, PIN-682 504. BY ADV. SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN RESPONDENT(S): --------------- THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, DEPARTMENT OF REGISTRATION, ERNAKULAM. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 5682 of 2010 I ``````````````````````````````````````````````````````` Dated this the 22nd day of February, 2010 J U D G M E N T The petitioner herein is aggrieved by the refusal of the respondent Sub Registrar to register the documents Exts.P1 to P3 on the ground that the value shown in the documents is insufficient. Ext.P1 is the copy of the settlement deed dated 09- 02-2010 with regard to an item of property in Re-Survey No.41/4 of Mulavukad village. Ext.P2 is another settlement deed dated 09- 02-2010 in respect of an item of property in Re-Survey No.41/4 of the same village and Ext.P3 is another settlement deed dated 09- 02-2010 in respect of an item of property in Re-Survey No.41/4 of the same village. 2. The petitioner contends that merely for the reason of any undervaluation in the documents, the respondent cannot refuse to register the documents and reliance is placed on Ext.P4 judgment of this Court in W.P.(C) No.36106 of 2009. Therein, after referring to the earlier decisions of this Court, it has been held that the registering authority cannot decline to register any instrument WPC.5682/2010 : 2 : presented for registration merely for the reason that it is not stamped or insufficiently stamped. It was also held that the proper course in such cases is to register the instrument and thereafter proceed under Section 45B of the Kerala Stamp Act, if grounds exist for initiating such proceedings. 3. Therefore, there will be a direction to the respondent to register the documents, if the same are otherwise in order, and merely for the reason of undervaluation the registration will not be refused. The respondent will be free to initiate action under Section 45B of the Kerala Stamp Act, if any ground exists for initiating such proceedings. The petitioner will produce the originals of Exts.P1 to P3 before the respondent and on such production, the documents will be registered as directed above. The writ petition is disposed of as above. Sd/- (T.R.RAMACHANDRAN NAIR, JUDGE) aks // True Copy // P.A. To Judge