IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 15492 of 2009(F) -------------------------- PETITIONER(S): ----------------- 1. C.UDHAYABHASKAR, S/O.P.K.NARAYANAN NAIR, 5/879, DIVYODAYA, KALLEPPULLIL P.O., PUTHUR AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. 2. A.NOORJAHAN, W/O.M.A.AZIZ, MAHALI VEEDU, MUTTIKULANGARA P.O., PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.H.BADARUDDIN SMT.AYSHA RAHMAN SMT. SHAMEERA.B SMT.ARCHANA.M SMT. SHAZIA SULTHANA.M RESPONDENT(S): ------------------- 1. THE SUB REGISTRAR, PALAKKAD. 2. THE DISTRICT REGISTRAR, PALAKKAD. 3. STATE OF KERALA, REP. BY THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.15492 of 2009 ------------------------- Dated this the 12th day of June, 2009. JUDGMENT Heard learned counsel for the petitioner and the learned Government Pleader. 2. The petitioners entered into an agreement for sale of 32 cents of property comprised in different survey numbers in Block No.16, Ward No.5 of Koppam Amsom, Palakkad, as evidenced by Ext.P1. The consideration in the agreement is Rs.12,80,000/-. Pursuant thereto, a sale deed was drawn with the first petitioner conveying the property in favour of the 2nd petitioner as per Ext.P2. Ext.P2 was submitted for registration. The 1st respondent refused to register Ext.P2 on the ground that the consideration shown in the document is far lower than the value of the property shown in the original title deed, bearing No.1855/07. It is in these circumstances, the writ petition has been filed praying for the following reliefs: W.P.(C).No.15492 of 2009 :: 2 :: (a) issue a writ of mandamus or any other appropriate order or direction directing the respondents to register the Ext.P2 Sale Deed for the consideration which passed between the parties without determining the market value of the property; (b) to issue a writ of prohibition prohibiting the respondents to compel the petitioners to quote higher value in the Sale deed as consideration contrary to the actual consideration passed between them for the sale of the property; (c) to grant such other and further reliefs as that are warranted under the law this Hon'ble Court may deem fit and proper in the interest of justice. 3. The Sub Registrar refused to register the document merely because, according to him, the property is undervalued. If a fair value of the property, as per Section 28A of the Registration Act, is published the document cannot be registered, at a value lower than the said value. The reason stated in Ext.P3, the communication issued by the Sub Registrar, refusing to register the W.P.(C).No.15492 of 2009 :: 3 :: document is that the value of the property in the prior document to Ext.P2 is Rs.67,20,000/- and the value shown in Ext.P2 is Rs.12,80,000/-. This, as stated above, is not an adequate reason for refusing registration. The petitioner relies on Ext.P5 notification wherein the value of the land lying within the Palakkad Municipality is shown. In these circumstances, the Sub Registrar is bound to register Ext.P2. But, this does not prevent him from taking proceedings against the petitioner for realising deficit stamp duty and for realisation of penalty in accordance with the provisions contemplated by Section 45 B of the Stamp Act. I make it clear that the directions which I propose to issue is only to register the document. It is not an expression of my opinion on the correctness of the consideration shown by the petitioners in Ext.P2 document. It will be perfectly open to the Sub Registrar or any other authority to take action under Section 45 B of the Stamp Act or any other enabling provision in the Statute. W.P.(C).No.15492 of 2009 :: 4 :: 4. Accordingly, the 1st respondent is directed to register the original of Ext.P2, as and when it is presented. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge