IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 8456 of 2009(B) ------------------------- PETITIONER(S): --------------- 1. O.A.NIZZAM, S/O.ABDUL KAREEM, M-22, CHANGAMPUZHA NAGAR P.O., KALAMASSERY. 2. MOHANAN, S/O.NARAYANAN, ILLIKKATT HOUSE, EDAPPALLY P.O., KOCHI-682024. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.A.BINDU SRI.A.HAROON RASHEED RESPONDENT(S): --------------- THE SUB REGISTRAR, EDAPALLY, ELAMAKKARA P.O., COCHIN. GOVT. PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 8456 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th March, 2009. J U D G M E N T The petitioners presented two documents for registration, copies of which are Exts.P.1 and P2, before the respondent. The respondent refused to register the same on the ground that the documents have been undervalued. The petitioners challenge the same. The petitioners relied on Ext. P5 in a similar case. 2. I have heard the learned Government Pleader also. 3. This Court has, in the decisions of 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 when the registering authority is of opinion that the document is under-valued, he cannot simply refuse to register the same, but he has to proceed in accordance with Section 45B of the Kerala Stamp Act. In view of that legal position this writ petition is disposed of directing the respondent to accept the original of Exts. P1 and P2 documents and take necessary action for its registration and further action in terms of the provisions contained in the Registration Act and the Kerala Stamp Act. This shall be done as expeditiously as possible on production of a certified copy of this judgment and re-presentation of the originals of Exts.P1 and P2. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.