Justitia Mavoor Road vs The Government Of Kerala on 30 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21434 of 2009(S)


1. JUSTITIA MAVOOR ROAD, KOZHIKODE, REP.
                      ...  Petitioner
2. P.P.MOHAMMED, S/O. IBRAHIMKUTTY HAJI

                        Vs



1. THE GOVERNMENT OF KERALA, REP. BY
                       ...       Respondent

2. INSPECTOR GENERAL (REGISTRATION)

3. THE STATE OF KERALA, REP. BY CHIEF

                For Petitioner  :SRI.A.MOHAMED MUSTAQUE

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :30/07/2009

 O R D E R
        S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J.
               ----------------------------------------------
                   W.P.(C) No.21434 of 2009
               ----------------------------------------------
                       Dated 30th July, 2009.

                           J U D G M E N T

Kurian Joseph, J.

This writ petition has been filed, apparently in public

interest, with the following prayers :-

(i) declare that Registering Authority under
Registration Act are bound to register documents or
conveyance presented for registration without
insisting stamp duty or registration fee on fair value
which Sub Registrar deem fit as correct and proper.

(ii) Issue a writ of mandamus or such other
writ or order directing 1st and 2nd respondents to take
steps directing Registering Authorities under them to
register the document when presented without
insisting payment of stamp duty or registration fee on
fair value which according to the Registering Authority
is correct and proper value.”

Learned Government Pleader on instruction submits that so far

the Government has not notified fair value rates in the respective

areas and hence all the registration authorities are free to

register documents as presented by the parties showing the

prevailing rates, without insisting for the market value as fixed by

the registering authority. However, under law, in case it is found

subsequently that the parties have not shown actual value or

WP(C) NO.21434/09 2

they have undervalued the property, the procedure in accordance

with law for undervaluation would follow. The petitioner cannot

have any objection with regard to that procedure. The only

grievance is with regard to the refusal on the part of the

registering authorities registering the documents when

presented. In view of the submission made by the learned

Government Pleader and noted by us above, the Registration

Officers have to register the documents on the basis of the

valuation at prevailing rates and as furnished in the documents,

subject to their power to take appropriate action after

registration, in case of alleged undervaluation.

The writ petition is disposed of as above.

S.R.BANNURMATH,
Chief Justice.

KURIAN JOSEPH,
Judge.

tgs

S.R.BANNURMATH, C. J. &

KURIAN JOSEPH, J.

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W.P.(C) No.21434 of 2009

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J U D G M E N T

Dated 30th July, 2009.