IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 2255 of 2010(F) ------------------------------------ PETITIONER: ------------------- SANTHOSH ANTONIO S.NETTO, SILVASTER BHAVAN, S.P.NO.4/2082, KAVANAD P.O., SAKTHIKULANGARA, KOLLAM DIST. BY ADV. MR.PIRAPPANCODE V.S.SUDHIR. RESPONDENT: ---------------------- THE SUB REGISTRAR, KOLLAM. BY SR.GOVERNMENT PLEADER MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2255/2010-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of March, 2010 J U D G M E N T This is a case of dispute regarding stamp duty for registration of cancellation deeds presented by the petitioner. Exts.P1 and P2 are copies of the said cancellation deeds. According to the petitioner, the registering authority is of the view that the same amounts to re-conveyance and, therefore, he will have to pay stamp duty and registration fees accordingly. This is evidenced by Ext.P3 reply. The petitioner has approached this Court challenging Ext.P3, the view taken by the Sub Registrar. According to the petitioner, there is no re-conveyance. It is only a cancellation deed. 2. The respondent has filed a statement. According to paragraph (4) of the statement, the documents are not mere cancellation deeds. Actually, it re-conveys the property. It is in these circumstances, the petitioner was directed to re-submit the documents with correct stamp duty and registration fees by the Sub Registrar. It is also submitted that the Registrar has not refused registration of the documents without any basis. Further it is pointed out that the respondent had taken steps to impound the document as provided under Section 33 of the Kerala Stamp W.P.(C). No.2255/2010 -:2:- Act. But the petitioner has not remitted the required fees for registration/impounding. 3. It is finally indicated in paragraph (6) of the statement that since the petitioner has disputed the nature of documents produced for registration, it is for the petitioner to take recourse under Section 31 of the Kerala Stamp Act and to get the documents adjudicated by the Collector/District Registrar. Only thereafter the petitioner can seek the registration of the documents produced as Exts.P1 and P2. 4. Therefore, it is upto the petitioner to move for adjudication under Section 31 of the Kerala Stamp Act and based on the same, he can produce the certificate which will be issued by the Collector under Section 32 of the Kerala Stamp Act, based on which the Sub Registrar can take action for registering the deeds. If the petitioner files an appropriate application before the District Registrar/District Collector within three weeks along with a copy of this Judgment, the same will be considered and an adjudication under Section 31 of the Kerala Stamp Act will be made within a period of two months thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms