IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32824 of 2009(W) -------------------------- PETITIONER(S): --------------- C.P. VALSARAJAN, S/O. KUMARAN, AGED 52 YEARS, KADIRUR AMSOM DESOM, P.O. KADIRUR, THALASSERY TALUK, KANNUR DIST. BY ADV. SRI.M.C.RATNAKARAN SMT.M.R.JAYALATHA RESPONDENT(S): --------------- 1. THE SUB REGISTRAR, THALASSERY (HOLDING THE POST OF DISTRICT REGISTRAR, KANNUR AT THALASSERY. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT. REGISTRATION DEPT. SECRETARIAT, THIRUVANANTHAPURAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).32824/2009 ....................... Dated this the 17th day of November, 2009 JUDGMENT The grievance voiced by the petitioner in this writ petition is that the Sub Registrar, Thalassery is declining to register the original of Ext.P1 sale deed executed in his favour by the vendor, Sri.Manoharan, on the ground that the document is undervalued. In this writ petition the petitioner seeks a direction to the Sub Registrar, Thalassery to receive the original of Ext.P1 and to register the sale deed in accordance with law. 2. This Court has in Periyar Real Estates v. State of Kerala (2002 (1) KLT 806) and All Kerala Document Writers and Scribes Association v. State of Kerala (2005 (3) KLT 234) held that if a document presented for registration is otherwise in order, the registering authority cannot decline to register the document on the ground that it is undervalued. It was held that the registering authority is bound to register the sale deed and that if the document is undervalued, the remedy lies in initiating proceedings under Section 45B of the Kerala Stamp Act. W.P.(C).32824/09 2 In view of the authoritative pronouncement of this Court in the decisions cited above, the first respondent, the Sub Registrar, Thalassery will necessarily have to register the original of Ext.P1 if there is no other defect therein and if it is presented for registration by the vendor. I accordingly dispose of this writ petition with a direction to the first respondent to register the original of Ext.P1, if the same is presented for registration by the petitioner and his vendor and if there is no other impediment other than the objection that it is undervalued. It will be open to the first respondent to proceed against the petitioner under Section 45B of the Kerala Stamp Act, if grounds exist for initiating such proceedings. P.N.RAVINDRAN, Judge mrcs