IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 9105 of 2010(K) ------------------------- PETITIONER: --------------- JIYAS, AGED 22 YEARS, S/O.JAMAL, CHERAKKAKKUDY HOUSE, KUNNATHUNADU TALUK, VENGOLA VILLAGE, VENGOLA KARA, KUNNATHUNADU TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: --------------- 1. THE SUB REGISTRAR, PERUMBAVOOR, SUB REGISTRAR'S OFFICE, PERUMBAVOOR, P.O.PERUMBAVOOR. 2. THE DISTRICT REGISTRAR, ERNAKULAM DISTRICT REGISTRAR'S OFFICE, ERNAKULAM SOUTH, KOCHI-16. GOVERNMENT PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.9105 of 2010 ------------------------------------------------ Dated this the 22nd day of March, 2010 JUDGMENT The petitioner herein seeks for a direction to the first respondent to register Ext.P2 sale deed executed in favour of the petitioner. It is pointed out that when the document was presented before the first respondent for registration he has returned the same by stating that there is under valuation. Therefore the registration was refused. It is pointed out under Section 45(B) of the Kerala Stamp Act, the first respondent will have to register the document and resort to other steps, if any only thereafter. The petitioner is relying upon the decision reported in Periyar Real Estate Vs. State of Kerala 2002(1) KLT 806. 2. Therefore, there will be a direction to the first respondent to register the original of Ext.P2 when presented before him, if the same is otherwise in order, and if the first respondent takes the stand there is under valuation he can resort to the steps under Section 45(B) of the Kerala Stamp Act after registration. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj