C.P. Valsarajan vs The Sub Registrar on 17 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32824 of 2009(W)


1. C.P. VALSARAJAN, S/O. KUMARAN, AGED
                      ...  Petitioner

                        Vs



1. THE SUB REGISTRAR, THALASSERY (HOLDING
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE

                For Petitioner  :SRI.M.C.RATNAKARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :17/11/2009

 O R D E R
                     P.N.RAVINDRAN, J
                       .......................
                     W.P.(C).32824/2009
                       .......................
          Dated this the 17th day of November, 2009

                        JUDGMENT

The grievance voiced by the petitioner in this writ

petition is that the Sub Registrar, Thalassery is declining to

register the original of Ext.P1 sale deed executed in his

favour by the vendor, Sri.Manoharan, on the ground that

the document is undervalued. In this writ petition the

petitioner seeks a direction to the Sub Registrar, Thalassery

to receive the original of Ext.P1 and to register the sale

deed in accordance with law.

2. This Court has in 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) held that if a document presented

for registration is otherwise in order, the registering

authority cannot decline to register the document on the

ground that it is undervalued. It was held that the

registering authority is bound to register the sale deed and

that if the document is undervalued, the remedy lies in

initiating proceedings under Section 45B of the Kerala

Stamp Act.

W.P.(C).32824/09
2

In view of the authoritative pronouncement of this

Court in the decisions cited above, the first respondent, the

Sub Registrar, Thalassery will necessarily have to register

the original of Ext.P1 if there is no other defect therein and

if it is presented for registration by the vendor. I

accordingly dispose of this writ petition with a direction to

the first respondent to register the original of Ext.P1, if the

same is presented for registration by the petitioner and his

vendor and if there is no other impediment other than the

objection that it is undervalued. It will be open to the first

respondent to proceed against the petitioner under Section

45B of the Kerala Stamp Act, if grounds exist for initiating

such proceedings.

P.N.RAVINDRAN,
Judge

mrcs