IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 7840 of 2009(Y) --------------------------------- PETITIONER(S): ------------------- MARAKARUTTY, S/O.MAMMEDKUTTY, AGED 80 YEARS, KADAKOTTIRI HOUSE, CHELEMBRA, THIROORANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): --------------------- THE SUB REGISTRAR, THENHIPALAM SUB REGISTRY, MALAPPURAM DISTRICT. GOVERNMENT PLEADER MS. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.7840 OF 2009 ---------------------------------------- Dated this the 16th day of March, 2009 JUDGMENT Heard the learned Counsel for the petitioner and the learned Government Pleader. 2. The complaint of the petitioner in this writ petition is that Exts.P1, P2, P3 and P4 gift deeds executed by the petitioner in favour of his children have been returned by the Sub Registrar without registering on the ground that the consideration mentioned in the documents are not the real consideration. The question as to whether a Sub Registrar can refuse to register a document on the ground of undervaluation has been the subject matter of several decisions of this Court, two of which are Periyar Real Estates V. State of Kerala [2002(1) KLT 806] and All Kerala Document Writers and Scribes Association V. State of Kerala [2005(3) KLT 234], in which this Court has held that if the registering authority is of opinion that there is undervaluation, the course open to him is to proceed under Section 45B of the Stamp Act and he cannot refuse to register W.P.(c)No.7840/09 2 the documents on the ground that the document is undervalued. In view of the said legal position, this writ petition is disposed of directing the respondents to accept the originals of Exts.P1, P2, P3 and P4 documents submitted by the petitioner and to take necessary action for its registration and further action in terms of the provisions contained in the Registration Act and the Kerala Stamp Act in tune with the above said decision. This shall be done as expeditiously as possible, immediately on production of a copy of this judgment and resubmission of the documents. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.7840/09 3