IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 11205 of 2009(U) -------------------------- PETITIONER(S): --------------- JAYARAJAN.P.,S/O.DAMODHARAN MASTER, AGED 61 YEARS,PUTHANPURAYIL, ALIPARAMBU,MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- THE SUB REGISTRAR, SHORNUR SUB REGISTRY, PALAKKAD DISTRICT. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).11205/2009 -------------------- Dated this the 27th day of May, 2009 JUDGMENT Petitioner purchased certain extent of property under Ext.P1 sale deed which, when presented for registration before the respondent herein was met with an objection stating that the value shown is insufficient. It is contended that the respondent, the registering authority, has no jurisdiction to do so. If there is under valuation, then it is open to him to proceed under Section 45B of the Stamp Act. Reference is made in this regard to the decision reported in Periyar Real Estates v. State of Kerala (2002 (1) KLT 806) as also in All Kerala Document Writers and Scribes Association v. State of Kerala (2005 (3) KLT 234). On instructions, learned Government Pleader submits that there was another objection namely that one boundary of the property covered by Ext.P1 abuts the vested forest. Therefore, No Objection Certificate from the W.P.(C).11205/2009 2 concerned Divisional Forest Officer is necessary. Petitioner has produced Ext.P3 along with I.A.6190/2009 evidencing No Objection Certificate from the DFO. 2. In the result, writ petition is disposed of directing the respondent to register Ext.P1 document, after verifying the correctness of Ext.P3 NOC as well. This shall be done within two weeks from the date of receipt of a copy of the judgment. Registration of the document shall be without prejudice to the right of the respondent or any other competent officer to take appropriate action under Section 45B of the Act, if the circumstances so warrant. V.GIRI, Judge mrcs