IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 17224 of 2010(C) ---------------------------------------- PETITIONER(S): --------------------------- 1. ANU QUARRIES (P) LTD., HAVING IT'S REGISTERED OFFICE AT III-551-B, EDATHIRUTHI VILLAGE, KUTTAMANGALAM, REPRESENTED BY DIRECTOR, SHEBI JALEEL. 2. KUNJAPPAN, KANNACKAPARAMBIL HOUSE, METHIRI P.O., RAMAPURAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): ------------------------ 1. THE SUB REGISTRAR, RAMAPURAM, KOTTAYAM DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, PALA. BY GOVT. PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17224/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ASSIGNMENT DEED EXECUTED BY THE 2ND PETITIONER IN FAVOUR OF THE IST PETITIONER. P2:- COPY OF THE RELEVANT PAGE OF THE GAZATEE NOTIFICATION SHOWING THE ENTRY RELATING TO PETITIONERS PROPERTY. P3:- COPY OF THE REPORT DTD. 7.5.2010 MADE BY THE VILLAGE OFFICER, RAMAPURAM TO THE 2ND RESPONDENT. P4:- COPY OF THE REPRESENTATION DTD. 10.5.2010 MADE BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. P5:- COPY OF THE CERTIFICATE DT. 28.4.2010 ISSUED BY THE VILLAGE OFFICER, RAMAPURAM. P6:- COPY OF THE OWNERSHIP CERTIFICATE DTD. 18.1.2005 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, RAMAPURAM. P7:- COPY OF THE SIMILAR OWNERSHIP CERTIFICATE DTD. 28.7.1997 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, RAMAPURAM. P8:- COPY OF THE SITE PLAN DTD. 28.7.97 OF THE PROPERTY PREPARED BY THE VILLAGE OFFICER, RAMAPURAM. P9:- COPY OF THE BUILDING PERMIT ISSUED BY THE EXECUTIVE OFFICER, RAMAPURAM GRAMA PANCHAYATH DTD. 12.8.1997 FOR CONSTRUCTION OF A RESIDENTIAL BUILDING IN THE PROPERTY. P10:- COPY OF THE ENCUMBRANCE CERTIFICATE DTD. 1.10.97 ISSUED BY THE SUB REGISTRAR, RAMAPURAM . P11:- COPY OF THE RELEVANT PAGE OF NOTIFICATION NO.23/10 PUBLISHED IN KERALA GAZETTE DTD. 6.3.2010. TRUE COPY P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 17224 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 26th day of July, 2010. J U D G M E N T The 2nd petitioner owns 17.80 ares of land in re-survey 26/11/1 of Ramapuram Village in Meenachil Taluk. He has agreed to sell the property to the 1st petitioner. A sale deed has been executed on 19-5- 2010, for which stamp duty has been paid as per the consideration fixed in the sale deed. On presenting the same for registration, registration was refused on the ground that in the fair value register prepared, the property is shown as government property. According to the petitioners, the Village Officer has certified that the same is a mistaken entry, by Ext. P3 report. It is under the above circumstances, the petitioners have filed this writ petition seeking the following relief: “Issue a writ of mandamus directing the 1st respondent to register Ext. P1 document when presented for registration.” 2. It is clear from additional Ext. P11 that in the fair value register, the property in question has been shown as Government property. It is also clear from Ext. P3 report of the Village Officer that the same is a mistaken entry. I am of opinion that for the mistake committed by the respondents, the petitioners should not be allowed to suffer. Accordingly, the writ petition is disposed of as follows: The petitioners shall re-present the original of Ext. P1 sale deed for registration. The 1st respondent shall register the same if the same is in order in all other respects except the stamp duty payable thereon, provided stamp duty is paid on the consideration fixed therein. However, it would be open to the 1st respondent to take W.P.C. No. 17224/2010 -: 2 :- action for recovery of deficit stamp duty, if, ultimately, as per the fair value to be fixed, the value of the land is more than the consideration fixed in the sale deed. For the same, the 1st respondent may adopt the procedure prescribed in Section 45B of the Kerala Stamp Act. If the fair value fixed is higher than the consideration, the petitioner shall produce the document for further proceedings as directed above as per direction issued in that regard. Sd/- S. Siri Jagan, Judge. Tds/