IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 19516 of 2010(L) -------------------------- PETITIONER(S): --------------- SMIJOSH, AGED 33 YEARS, S/O.MANI, KANIYATH HOUSE, 52/1147A, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. THE SUB REGISTRAR, THE OFFICE OF THE SUB REGISTRAR, AYYANTHOLE, THRISSUR DISTRICT, PIN-680003. 2. THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-1. 3. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR, PIN-680003. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 19516 of 2010 ================== Dated this the 23rd day of June, 2010 J U D G M E N T The petitioner is aggrieved by the refusal on the part of the 1st respondent in accepting a sale deed for registration on the ground that the petitioner has not shown the fair value fixed by the Government as the consideration in the sale deed. According to the petitioner, against the fair value fixed, the petitioner has already submitted Ext.P5 appeal before the 3rd respondent. The petitioner's contention is that pending disposal of the appeal, the petitioner's sale deed should be directed to be registered without prejudice to the right of the respondents to proceed against the petitioner for realising the deficient stamp duty, if ultimately the petitioner does not succeed in the appeal. The petitioner, therefore, seeks the following relief: “to issue a writ of mandamus or appropriate writ or direction directing the 1st respondent to register the Ext.P1 sale deed accepting the undertaking of the petitioner.” 2. I have heard the learned Government Pleader also. 3. Admittedly the petitioner has not shown the fair value fixed by the Government in the sale deed as the consideration and has not paid the stamp duty accordingly. The amended provisions of the Stamp Act require that every document should show the fair value fixed by the Government. That being so, I do not think that I can W.P.C.19516/10 2 direct the 1st respondent to register the document without showing the fair value as consideration in the sale deed and paying the stamp duty thereon, by the petitioner. However, insofar as the petitioner has filed Ext.P5 appeal against the fixation of fair value, it is only appropriate that the same be disposed of expeditiously. In the above circumstances, this writ petition is disposed of with a direction to the 3rd respondent to consider and pass orders on Ext.P5 appeal, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge