IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 22014 of 2010(B) -------------------------- PETITIONER(S): --------------- KRISHNADAS P.G., S/O.GOPALAKRISHNAN NAIR PAYYANOTHOTTATHIL HOUSE, EAST VAZHAPPLLY, VELLURKUNNAM, MOOVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, MOOVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 661. 2. THE AUTHORIZED OFFICER, THE FEDERAL BANK LTD., FEDERAL TOWERS, MARINE DRIVE, ERNAKULAM, PIN-652 031. BY G.P.SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.22014 OF 2010 ------------------------------- Dated this the 22nd day of July, 2010 J U D G M E N T The petitioner has purchased certain lands in a sale conducted by a bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act. He wants the sale to be registered with the first respondent Sub Registrar. According to the petitioner, the stamp duty payable is only on the consideration actually paid by the petitioner. But the first respondent is insisting on payment of stamp duty on the fair value fixed by the Government under Section 28A of the Kerala Stamp Act. The petitioner submits that the petitioner is liable to pay stamp duty only on the actual consideration and not on the fair value. That very question has been considered by me in W.P. (C)No.22417/10, in which I have held that if the consideration paid is less than the fair value fixed by the Government, the stamp duty is payable on the fair value and not on the consideration. Accordingly, following that judgment, I hold that if the petitioner W.P.(c)No.22014/10 2 produces the sale deed/sale certificate for registration before the first respondent, paying the stamp duty payable on the fair value fixed by the Government and complies with all other statutory requirements, the first respondent shall register the document in accordance with law. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.22014/10 3