IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 461 of 2009(E) --------------------------------- PETITIONER(S): -------------------- 1. MOHANAN, S/O.ILLIKAT NARAYANAN, ILLIKAT HOUSE, PUTHUPALLIPURAM KARA, THRIKKAKARA VILLAGE, KANAYANNUR TALUK, ERNAKULAM. 2. LILLY, W/O.MOHANAN, ILLIKAT HOUSE, PUTHUPALLIPURAM KARA, THRIKKAKARA VILLAGE, KANAYANNUR TALUK, ERNAKULAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------------- SUB REGISTRAR, THRIKKAKARA, KAKKANAD PO., KOCHI-682030. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 461 OF 2009 (E) ==================== Dated this the 13th day of January, 2009 J U D G M E N T The complaint of the petitioners is that the respondent is declining to register Ext.P2 document. It is settled position of law that if a document is presented for registration, the remedy available to the registering authority is to take recourse to Section 45 B of the Stamp Act. This position has been settled by this Court in the judgments in Periyar Real Estates v. State of Kerala (2002(1) KLT 806) and All Kerala Document Writers and Scribes Association v. State of Kerala (2005(3) KLT 234). In view of the aforesaid legal position, this writ petition is disposed of directing the respondent to accept the original of Ext.P2 settlement deed and take necessary action for its registration and further action in terms of the provisions contained in the Registration Act and the Kerala Stamp Act. This shall be done, as expeditiously as possible, on the production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp