IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 11940 of 2010(N) --------------------------------- PETITIONER(S): ------------------------ PALACE HOSPITAL PVT LIMITED, BUILDING NO.33, OPPOSITE TO MUNICIPAL BUS STAND CHALAKUDY. REP. BY MANAGING DIRECTOR, VIVEK.K.V. AGED 37 YEARS, S/O. VASUDEVAN NAMBOODIRI. BY ADVS. MR.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REP. BY SECRETARY DEPARTMENT OF REGISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB REGISTRAR, O/O CHLAKUDY SUB REGISTRY, THRISSUR DIST. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. THE TAHSILDAR, MUKUNDAPURAM TALUK OFFICE, IRINJALAKUDA. 5. VILLAGE OFFICER, EAST CHALAKUDY VILLAGE, THRISSUR DIST. BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 11940 of 2010-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2010. JUDGMENT The petitioner is a company registered under the Companies Act. They have purchased an extent of 5 cents of land in Sy. No.480/6 of East Chalakudy Village from one Shri Suresh. Ext.P6 is the copy of the sale deed for the purpose of the sale. 2. It is the case of the petitioner that when the original of Ext.P6 was presented for registration, the second respondent did not register the document stating that the market value of the land is shown as Rs.6.5 lakhs per Are, it is shown as a wetland and actually the land is a dry land for which no valuation has been fixed by the Government as per the recent notification which came into force on 1.4.2010. Ext.P7 is the reply given to the petitioner. 3. A reading of Ext.P7 shows that the objection noted by the second respondent is that as far as the particular survey number is concerned, for wetland the land valuation has been given. As the property covered by the sale deed is a dry land and as there is no classification for the said items, registration cannot be effected. wpc 11940/2010 2 4. Even in such a case registration of the document need not wait, as there is a remedy under Section 45B of the Stamp Act, to realise any registration fee or stamp fee, for under valuation. Merely because the particular land is a dry land, that need not detain the registration of the document. 5. In the above view of the matter, there will be a direction to the second respondent to register the original of Ext.P6. The same will be subject to any action to be initiated under Section 45B of the Stamp Act, if it is found that there is undervaluation. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/