IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8238 of 2009(Y)
1. ARIFF AZAD S/O. ABDUL KALAM,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. INSPECTOR GENERAL OF REGISTRATION,
3. SUB REGISTRAR,
For Petitioner :SRI.M.RAMASWAMY PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/03/2009
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 8238 OF 2009
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Dated this the 16th day of March, 2009
JUDGMENT
Heard the learned Counsel for the petitioner and the learned
Government Pleader.
2. The petitioner submitted Exts.P1 and P2 documents
for registration before the 3rd respondent. The 3rd respondent
refuses to register the same 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
the documents on that ground.
W.P.(c)No.8238/09 2
In view of the said legal position, this writ petition is
disposed of directing the respondents to accept originals of
Exts.P1 and P2 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.8238/09 3