IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 35999 of 2008(I) -------------------------- PETITIONER(S): --------------- RAMAKRISHNAN, AGED 62 YEARS, S/O.LATE KORUNNY, PULIKKAKUDY HOUSE, AIYRAPURAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENT(S): --------------- SUB REGISTRAR, SUB REGISTRY OFFICE, PUTHENCRUZ, ERNAKULAM DISTRICT. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35999/2008 -------------------- Dated this the 15th day of December, 2008 JUDGMENT Ext.P1, which seems to be a document executed by the petitioner in favour of his daughter, is allegedly not registered by the respondent and hence the writ petition seeking appropriate directions. 2. Learned Government Pleader, on instructions, submits that the document will be registered but there is a genuine suspicion regarding the valuation shown in the document and therefore, the executor would be proceeded against under Section 45B of the Stamp Act. It is always open to the registering authority, or any other competent authority in that regard, to invoke the provisions under Section 45B of the Act, if there is a suspicion regarding the undervaluation. But that does not enable the competent authority to refuse registration. 3. In the result, writ petition is disposed of W.P.(C).35999/2008 2 directing the respondent to register the document, original of Ext.P1, if presented, in accordance with law. But I make it clear that it will be open to the respondent, if the circumstances so warrant, to take appropriate proceedings under Section 45B of the Stamp Act. V.GIRI, Judge mrcs