IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23990 of 2009(P)
1. ISMAIL, S/O.ABOOBACKER,
... Petitioner
Vs
1. THE SUB REGISTRAR, PERUMBAVOOR,
... Respondent
2. THE DISTRICT REGISTRAR,
For Petitioner :SRI.SIRAJ KAROLY
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/09/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.23990 of 2009
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Dated 9th September, 2009
JUDGMENT
Heard Sri.Siraj Karoly, the learned counsel appearing for
the petitioner and Sri.P.Narayanan, the learned Government Pleader
appearing for the respondents.
2. The petitioner purchased a parcel of land from
Sri.Meeravu @ Beeravu, residing at Vengola Village for a sale
consideration of Rs.60,000/=. Ext.P3 is a copy of the sale deed said to
have been executed by the vendor in favour of the petitioner on
18.8.2009. The petitioner’s grievance is that when the original of
Ext.P3 sale deed was presented for registration before the Sub
Registrar, Perumbavoor, the competent registering authority, it was
returned on the ground that the document is undervalued. The
petitioner contends that as the registering authority, the first
respondent is bound to receive the original of Ext.P3, register it and if
he is of the opinion that the document is undervalued to initiate
separate proceedings under section 45-B of the Kerala Stamp Act. The
petitioner relies on the decision of a Division Bench of this Court in
Periyar Real Estates v. State of Kerala (2202 (1) KLT 806) in
support of the said contention. In this writ petition, the petitioner
WP(C).No.23990/2009 2
seeks a writ in the nature of mandamus commanding the first
respondent to register the original of Ext.P3 sale deed dated 18.8.2009
executed in his favour by Sri.Meeravu @ Beeravu.
3. The learned Government Pleader appearing for the
respondents submits on instructions that after the decision of the
Division Bench of this Court in Periyar Real Estates’ case (supra),
the Inspector General of Registration has issued directions to all Sub
Registrars concerned not to return the instruments presented for
registration on the ground that they are undervalued, but to register
them and thereafter initiate proceedings under section 45-B of the
Kerala Stamp Act. The learned Government Pleader also submits that
if the petitioner’s vendor presents the original of Ext.P3 before the Sub
Registrar, Perumbavoor within four months from the date of its
execution, the registering authority will register the same without
prejudice to the right of the State to initiate action if warranted, under
section 45-B of the Kerala Stamp Act.
4. In the light of the said submission, I dispose of this writ
petition with a direction that in the event of the petitioner’s vendor
presenting the original of Ext.P3 sale deed for registration before the
first respondent, within the period of four months prescribed in section
23 of the Indian Registration Act, 1908, the first respondent shall
WP(C).No.23990/2009 3
register the same and return the original thereof to the petitioner after
completing the necessary formalities. It is clarified that this will not
stand in the way of the respondents or the competent authority under
the Kerala Stamp Act from initiating proceedings against the petitioner
under section 45-B of the Kerala Stamp Act. The contentions of both
sides regarding that aspect of the matter are kept open.
The writ petition is disposed of as above.
P.N.RAVINDRAN
Judge
TKS