IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2790 of 2009(F) ------------------------------------- PETITIONER(S): -------------------- RANI WILSON, W/O.T.J. WILSON, THOTATHIL HOUSE, MUVATTUPUZHA.P.O. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): ----------------------- THE SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, SOUTH RAILWAY STATION ROAD, ERNAKULAM, KOCHI - 682 016. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 2790 OF 2009 (F) ==================== Dated this the 28th day of January, 2009 J U D G M E N T Petitioner states that a settlement deed executed by her in favour of her son, a copy of which has been produced as Ext.P1, was presented for registration before the respondent. According to the petitioner, the respondent returned the document together with Ext.P2 memo, on the ground that the value shown in the document was below what was indicated in the draft fair value notification. It is challenging Ext.P2 and praying for a direction to the respondent to register the document, the writ petition s filed. 2. In my view, there is no justification for the respondent to have issued Ext.P2. If a document is presented for registration, the power available to the respondent is as stated in the Registration Act and the Stamp Act concerned. Therefore, what the respondent ought to have done is to have taken action in terms of the aforesaid statutes instead of returning the documents as has been done as per Ext.P2. Therefore, the writ petition is disposed of directing that it will be open to the petitioner to present Ext.P1 document before the respondent WPC 2790/09 :2 : for registration, in which case, the respondent shall deal with the same as provided in the Kerala Stamp Act and the Registration Act. ANTONY DOMINIC, JUDGE Rp