IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 2648 of 2010() ------------------------ PETITIONER(S): --------------- 1. VIJU VINCENT, ANJIPARAMBIL HOUSE S.A.ROAD, NEAR MANORAMA JUNCTION, COCHIN-16 2. VIPIN VINCENT ANJIPARAMBIL HOUSE S.A.ROAD, NEAR MANORAMA JUNCTION, COCHIN-16 BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): --------------- 1. THE SUB REGISTRAR DEPT. OF REGISTRATION, RAILWAY STATION ROAD ERNAKULAM SOUTH, COCHIN-16. 2. STATE OF KERALA REP BY SECRETARY TO GOVT REGISTRATION DEPARTMENT, SECRETARAIT TRIVANDRUM. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2648/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of February, 2010 J U D G M E N T The petitioners seek for a direction to the first respondent to register the original of Ext.P1 document which is styled as Settlement Deed. It is the case of the petitioners that when the document was presented for registration, the first respondent objected to it on the ground that an additional valuation will have to be shown in respect of the right to construct on the top of the existing building. 2. It is the case of the petitioner that the action, if any, that can be taken by the first respondent is under Section 45B of the Stamp Act. As per S.45B, if the first respondent is of the view that the document is undervalued, the matter will have to be referred to the Collector after registration of the said document. 3. The learned Government Pleader submitted that Ext.P1 document has not been presented for registration so far and on presentation, the same will be registered. If there is any legal infirmity, action will be taken under S.45B of the Stamp Act. 4. Therefore, there will be a direction to the second respondent that if the petitioner produces original of W.P.(C). No.2648/2010 -:2:- Ext.P1 for registration after complying with all formalities it will be duly registered and, if there are any undervaluation the second respondent will take action under Section 45B of the Stamp Act after registration of the documents. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms