IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 14006 of 2010(A) --------------------------------- PETITIONER: --------------- RADHA PADMANABHAN, D/O.NEELAKANDAN NAIR, AGED 48 YEARS, RESIDING AT AMRITHAM, GOLDEN ENCLAVE, P.O.THOTTADA, KANNUR DISTRICT. BY ADV. MR.A.MOHAMED MUSTAQUE RESPONDENT: --------------- SUB REGISTRAR, SUB REGISTRAR OFFICE, KANNUR. MR. K. RAMESH - GOVERNMENT PLEADER FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14006 of 2010 PETITIONER'S EXHIBITS EXT.P1: COPY OF SALE DEED DATED 21.3.2010. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.14006 OF 2010 ------------------------------- Dated this the 27th day of MAY, 2010 J U D G M E N T The petitioner has filed this writ petition alleging that the original of Ext.P1 sale deed, when produced for registration, the respondent refused to register the same on the ground that the stamp duty based on the fair value fixed has not been paid. I had passed an interim order on 18.5.2010 in this writ petition directing the respondent to register the petitioner’s document provisionally without prejudice to the right of the respondent to take proceedings for undervaluation in accordance with law, after registration. 2. A counter affidavit has now been filed by the respondent taking a contention that it is not because of undervaluation that the same has not been registered but because the document being one executed on 31.3.2010, the stamp duty applicable as on that date namely, 12.5% has to be paid, which has not been, instead only 8% has been paid. The W.P.(c)No.14006/10 2 learned counsel for the petitioner submits that they are prepared to pay stamp duty at the rate of 12.5%. Accordingly, this writ petition is disposed of with the following directions: If the petitioner produces the original of Ext.P1 sale deed, after paying 12.5% stamp duty, the respondent shall register the same without prejudice to the right of the respondent to take proceedings in accordance with the Stamp Act for undervaluation, after registering the document, if the respondent is of opinion that it is undervaluation. S. SIRI JAGAN, JUDGE acd W.P.(c)No.14006/10 3 W.P.(c)No.14006/10 4