IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 WP(C).No. 36279 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. MARTHA @ MARTHAKUTTY, AGED 51 YEARS D/O.LATE VAREETHU EDASSERY PALLATHU HOUSE SOUTH VAZHAKULAM PO ALUVA 683 105. 2. SHONS VARGHESE, AGED 23 YEARS S/O.LATE VARGHESE EDASSERY PALLATHU HOUSE SOUTH VAZHAKULAM PO ALUVA 683 105. 3. PAUL VARGHESE, AGED 19 YEARS S/O.LATE VARGHESE EDASSERY PALLATHU HOUSE SOUTH VAZHAKULAM PO ALUVA 683 105. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND SMT.B.MEERA RESPONDENT(S): --------------- THE SUB REGISTRAR SUB REGISTRAR OFFICE, PERUMBAVOOR, EKM 685 515. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).36279/2009 -------------------- Dated this the 16th day of December, 2009 JUDGMENT The first petitioner has executed the original of Ext.P1 settlement deed dated 12.11.2009 in favour of petitioners 2 and 3 who are the her brother's children. She has also executed the original of Ext.P2 sale deed dated 12.11.2009 in their favour. It is stated that when the originals of Exts.P1 and P2 were presented before the respondent, the respondent declined to register them on the ground that the documents are undervalued. In this writ petition the petitioners seek a direction to the respondent to accept the originals of Exts.P1 and P2 and to register them in accordance with law. 2. A Division Bench of this Court has in Periyar Real Estates v. State of Kerala ( 2002 (1) KLT 806) held that even if there is a dispute as to the stamp duty payable on an instrument presented for registration, the registering authority cannot decline to receive the instrument and to register it and that the registering authority can only take action after registration of instrument under Section 45B of W.P.(C).36279/09 2 the Kerala Stamp Act. In the light of the authoritative pronouncement of this Court, the respondent herein will necessarily have to receive the originals of Exts.P1 and P2 and register them if presented for registration by the petitioners. In such circumstances, I dispose of this writ petition with a direction to the respondent to register the originals of Ext.P1 settlement deed and Ext.P2 sale deed in the event of the petitioners presenting them for registration, if the documents are otherwise in order. It is clarified that nothing contained in this judgment will stand in the way of the respondent from initiating proceedings under Section 45B of the Kerala Stamp Act, if such proceedings are warranted. P.N.RAVINDRAN, Judge mrcs