High Court of KeralaWP(C)/37369/2015disposed of

Saraswathy v. Sub Registrar, Office Of The Sub Registrar

2015-12-16Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 37369 of 2015 (U) ---------------------------- PETITIONER :

---------------------- SARASWATHY, AGED 64 YEARS, W/O. SUBRAMANYAN, 1959/51, EDAPPALLY HOUSE, INDIRA NAGAR, K.P.VALLON ROAD, KADAVANTHRA, KADAVANTHRA P.O., ERNAKULAM DISTRICT - 682 020. BY ADVS.SRI.T.K.VIPINDAS SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN RESPONDENT(S):

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1. SUB REGISTRAR, OFFICE OF THE SUB REGISTRAR, ERNAKULAM.

2. AJAYGHOSH T.K., S/O. KARUNAKARAN, PALLURUTHY VADAKKUMMURI, RAMESHWARAM VILLAGE, PALLURUTHY P.O., KOCHI TALUK.

R1 BY GOVERNMENT PLEADER SMT. C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 37369 of 2015 (U) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - THE TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE HUSBAND OF THE PETITIONER AND THE 2ND RESPONDENT. P2 - TRUE COPY OF THE PLAINT IN OS. NO. 1366/2013. P3 - THE TRUE COPY OF THE MEDIATION AGREEMENT DT. 07.10.2015. RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 37369 of 2015 ================== Dated this the 16th day of December, 2015

J U D G M E N T

The petitioner submits that based on the settlement arrived before the mediation the 2nd respondent has agreed to convey his right in respect of the property comprised in Sy.No.780/8 of Elamkulam Village, Kanayannur Taluk, Ernakulam District to her. The consideration is 4 lakhs. The petitioner submits that though the consideration is 4 lakhs, the fair value of the land is higher than the consideration. It is submitted that the registering authority insisted to enter the fair value of the property as sale consideration in the sale deed. The petitioner has approached this Court seeking a direction to register the document based on the fair value without insisting to show the consideration as per the fair value. The learned Government Pleader also submits that they never insisted for showing the consideration as of the fair value. However it is insisted that the petitioner shall pay the fair value and stamp duty

W.P.(C).No. 37369 of 2015 - : 2 :- as per the stamp Act for registration. Therefore the registering authority shall register the document, if necessary stamp duty is paid as per the fair value.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE