IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2682 of 2010(I) ------------------------------------ PETITIONER(S): ----------------------- 1. P.M. ALIYAR, AGED 43 YEARS, S/O.MUHAMMEDALI, PARATTU ALIAS KULANGARA PURAYIDAM (H), CHELAKULLAM KARA, KIZHAKKAMBALAM PANCHAYATH, KAVUNGAL PARAMBU BHAGAM, VENGOLA P.O PERUMBAVOOR - PIN 683 554. 2. ALIYAR, S/O.BEERAN, AGED 41 YEARS, THOTTALI HOUSE, ARACKAPADY VILLAGE, VENGOLA KARA, PONJASSERY BHAGAM, PONJASSERY P.O PERUMBAVOOR - PIN 683 547. BY ADV. MR.A.JAYASANKAR MR.MANU GOVIND SMT.B.MEERA MR.O.B.NASSEER RESPONDENT(S): ------------------------- THE SUB REGISTRAR, SUB REGISTRAR OFFICE, PUTHEN CRUZ, PERUMBAVOOR, EKM. BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.2682 OF 2010 --------------------------------------- Dated this the 28th day of January, 2010. J U D G M E N T The petitioners seek for a direction to the respondent to accept a document namely, original of Exhibit P1 and register the same forthwith. 2. The 1st petitioner is the owner and in possession of 9.72 Ares of land and by Exhibit P1, he has sought to convey the same to the 2nd petitioner. It is averred in the writ petition that on the ground of undervaluation, the respondent has refused to register the document when it was produced for registration. 3. The respondent cannot refuse to register a document based on the alleged undervaluation. The provision that will be applicable in such a case will be Section 45B of the Kerala Stamp Act. The said power can be exercised only after registering the document. Therefore, there will be a direction to the respondent to register the original of Exhibit P1 on production of the same by W.P.(C) No.2682/2010 2 the petitioners if the same is otherwise in order and without prejudice to the right to proceed under Section 45B of the Stamp Act if there is undervaluation. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp