IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 5831 of 2010(D) ------------------------- PETITIONER: --------------- MINI ISSAC, D/O.K.KURIAKOSE, CHEMMALAYIL VEETTIL, SAHODARAN AYYAPPAN ROAD, P.O.KADAVANTHRA, KOCHI-682 016. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN SRI.K.S.SAJEEV KUMAR RESPONDENTS: --------------- 1. THE SUB REGISTRAR, NJARAKKAL SUB REGISTRY OFFICE, EDAPPALLY. 2. DISTRICT REGISTRAR (GENERAL), ERNAKULAM. 3. INSPECTOR GENERAL OF REGISTRATION, REGISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REGISTRATION DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, ALONG WITH W.P.(C)No.5867/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)Nos.5831 & 5867 of 2010 ------------------------------------------------ Dated this the 1st day of March, 2010 JUDGMENT The petitioners herein approached this Court seeking for a direction to the first respondent the Sub Registrar to accept the originals of Ext.P1 in both cases which are Gift deeds and register the same following the procedure contemplated under Registration Act, 1908. In W.P.(C)No.5831 of 2010 the petitioner is the owner of 56.585 cents of land comprised in Re.Sy.No.300/25 of Njarakkal Village. She wants to gift the said property to her sister - Mercy George and Ext.P1 is the copy of the Gift deed. The petitioner had shown Rs.5,80,000/- as the consideration for the Gift deed for the purpose of stamp duty. It is the case of the petitioner that the first respondent refused to accept Gift deed for registration stating that the market value of the property namely Rs.35,000/- per cent should be the basis for the valuation as the property is in Njarakkal Village. This is contested by the petitioner in this writ petition. 2. In W.P.(C)No.5867 of 2010 the petitioner is the owner of 56.609 cents of land comprised in Re.Sy.No.300/24 and 304/23 of Njarakkal Village. She wants to gift the said property W.P.(C)Nos.5831 & 5867 of 2010 2 to her sister in law-Mercy George and Ext.P1 is the copy of the gift deed. Similar objections are raised therein also. 3. The learned Government Pleader on written instructions from the Sub Registrar submitted that the petitioners have not presented the documents for registration and only when it is presented he will be able to take a decision with regard to its registration and if the document is refused for registration he would have to issue a refusal note. In that view of the matter, if the petitioner produces originals of the Ext.P1 before the first respondent for registration he will receive the same as required by law. It is well settled if there is any under valuation appropriate action can be taken only after registration. Therefore the first respondent will take action to register the documents they are other wise in order. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj