IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 16983 of 2009(P) -------------------------- PETITIONERS: --------------- 1. GEETHA, W/O. VIJAYANADHAN NAIR, AGED 51 YEARS, RESIDING AT KOTHANAL HOUSE, KUMARAMANGALAM P.O., THODUPUZHA , IDUKKI DIST. 2. ATHIRA K.V., D/O. VIJAYANADHAN NAIR, AGED 24 YEARS, REISIDNG AT KOTHANAL HOUSE, KUMARAMANGALAM P.O., THODUPUZHA, IDUKKI DIST. BY ADV. SRI.JOICE GEORGE RESPONDENTS: --------------- 1. THE DISTRICT REGISTRAR IDUKKI, OFFICE OF THE DISTRICT REGISTRAR, THODUPUZHA P.O., IDUKKI DISTRICT. 2. THE SUB REGISTRAR THODUPUZHA, OFFICE OF THE SUB REGISTRAR'S OFFICE, THODUPUZHA P.O., IDUKKI DIST. 3. THE DISTRICT COLLECTOR IDUKKI, COLLECTORATE, PAINAVU P.O., IDUKKI DIST. BY GOVT. PLEADER SRI.P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 16983 of 2009 -------------------------- Dated this the 21st August,2009 J U D G M E N T Heard learned counsel for the petitioners and learned Government Pleader. 2. Second petitioner is the daughter of the 1st petitioner. Second petitioner agreed to purchase 68 cents of land from the 1st petitioner for a sale consideration of Rs10,000/-. Thereafter, a sale deed was executed in terms of the agreement and presented before the 2nd respondent for registration. Second respondent has declined registration on the ground that the property is grossly under undervalued and actual consideration has not been shown in the document. Hence the writ petition. 3. The Sub Registrar cannot decline to register the document on the ground of under valuation except where the property has been valued at a rate lower than the fair value, if any, notified under Section 28A of the Stamp Act. There is no such fair value notification. W.P ( C) No. 16983 of 2009 2 4. In the circumstances, writ petition is disposed of directing the 2nd respondent to register the original of Ext.P1 as and when presented by the petitioner without reference to the objection that the actual consideration has not been shown in the document but subject to any other formalities that are contemplated under the Registration Act. It is made clear that registration of the document will not stand in the way of the competent authority of the Stamp Act including the respondents taking appropriate steps under Section 45B of the Stamp Act, if so advised. (V.GIRI,JUDGE) ma W.P ( C) No. 16983 of 2009 3 W.P ( C) No. 16983 of 2009 4