IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13056 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. BHASKARAN, AGED 53 YEARS, S/O.NARAYANAN, OTTAYACHAN VEETTIL HOUSE, MINALOOR VILLAGE, DESOM, MINALOOR P.O., THRISSUR DISTRICT. 2. JUSTIN N.J., AGED 36 YEARS, S/O. JOSEPH, NEELANKAVIL HOUSE, VELUR P.O., THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. DISTRICT REGISTRAR, THRISSUR DISTRICT. 2. SUB-REGISTRAR, WADAKANCHERY SUB-REGISTRAR OFFICE, WADAKANCHERY P.O., THRISSUR DISTRICT. 3. VILLAGE OFFICE, MUNDATHICODE VILLAGE, MUNDATHICODE WEST P.O., THRISSUR DISTRICT. 4. DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).13056/2009 -------------------- Dated this the 22nd day of May, 2009 JUDGMENT First petitioner, who is the owner in possession of 8.350 cents of land purchased under Ext.P1 assignment deed, was desirous of selling the same to the second petitioner. Ext.P4 document was executed in this behalf by the first petitioner in favour of the second petitioner. But when presented for registration, the Sub Registrar refused to register it. Going by Ext.P7 reply, the objection against registration is that the value of the property has not been correctly shown. Hence the writ petition praying for a direction to the Sub Registrar to register Ext.P4 document. 2. Petitioner refers to Ext.P7 wherein the Sub Registrar has informed that the Government has not fixed any fair value for the property in question under Section 28 of the Stamp Act. In the circumstances, the only reason given in Ext.P5 to the effect that the value shown as consideration in Ext.P4 is less than the value fixed by the W.P.(C).13056/2009 2 Government in terms of Section 28 of the Act does not seem to be sustainable. 3. Proceedings could be initiated under the Stamp Act, for imposition of penalty if under valuation is detected. That does not enable the Sub Registrar to refuse to register the document, as is seen to be done in the present case. 4. Having heard learned counsel for the petitioner and learned Government Pleader, writ petition is disposed of directing the second respondent to receive on file the original of Ext.P4 document and proceed to register the same, in accordance with law, without delay. It is made clear that it is open to the Sub Registrar or any other Officer authorized in that behalf, to take steps against the parties, under Section 45B of the Stamp Act, if there are materials justifying such steps. V.GIRI, Judge mrcs