IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 6579 of 2010(V) ------------------------- PETITIONER: --------------- SRI.BABY JOSEPH, CHAMPANNIYIL HOUSE, KIZHOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REGISTRATION, THIRUVANANTHAPURAM. 2. THE DISTRICT REGISTRAR (GENERAL) KOTTAYAM. 3. THE SUB REGISTRAR, SUB REGISTRAR OFFICE, THALAYOLAPARAMBU. SENIOR GOVERNMENT PLEADER SHRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.6579 of 2010 ------------------------------------------------ Dated this the 2nd day of March, 2010 JUDGMENT The petitioner herein is the owner of 37 cents in Sy.No.57/1/B2 and 57/1B of Mullakulam Village. It was purchased from his brother who had obtained the property by way of partition deed. According to the petitioner, the third respondent Sub Registrar is not receiving and registering the document alleging under valuation. Ext.P1 is the copy of the document. Subsequently he filed Ext.P2 representation before the District Registrar(General), Kottayam. Ext.P3 is the copy of the judgment in W.P.(C)No.461 of 2009 wherein this Court has held that the course open to the registering authority in such cases is to take recourse to Section 45 B of the Stamp Act. 2. In Ext.P3 this Court relied upon judgments in Periyar Real Estates Vs. State of Kerala (2002 (1)KLT 806) and All Kerala Document Writers and Scribes Associations Vs. State of Kerala (2005 (3) KLT 234) to take the view that if document is presented for registration, in case of under valuation the remedy available for to the registering authority is to take re-course to Section 45 B of the Stamp Act, after registration. W.P.(C)No.6579 of 2010 2 3. Heard learned Government Pleader appearing for the respondents. 4. There will be a direction to the third respondent to accept the original of Ext.P1 and take necessary action for its registration and in case there is under valuation he will have to take steps under section 45 B of the Stamp Act. The document will be registered if the same is otherwise in order and the same will be done on the production of a copy of this judgment. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj