RAHIM BAKER Vs. SUB REGISTRAR

JUDGEMENT

(1.) A document has been registered in the name of the petitioner in the Sub-Registrar Office, Edappally. But that document is not, soon after registration, returned to the petitioner in tune with the provisions contained in S.61 of the Registration Act. S.61 of the Act provides that soon after registration is completed, the Registrar shall return the document to the person in whose favour the document is registered. Instead the Sub-Registrar, finding that there is reason to believe that the valuation shown in the document is far below the value of the property covered by the instrument, referred this instrument to the Collector to proceed under S.45B of the Kerala Stamp Act. The power of the Collector is conferred in the second respondent, District Registrar for initiating proceedings under S.45B of the Kerala Stamp Act. There is no reason to send the document to the Collector. Only a copy need be send. Original has to be returned to the party as mandated by S.61 of the Registration Act. It is stated in Ext. P2, the petitioner submits, that the Sub-Registrar had referred the instrument to the District Registrar in tune with a direction issued by the Secretary to Government, Registration Department.

(2.) The Sub-Registrar and the District Registrar, acting in their respective spheres, are statutory authorities. They are not bound by any direction of a Secretary to the department concerned. That is beyond the power conferred on the Secretary and such directions need not be considered by the statutory authorities while registering a document or while referring the proceedings or while considering whether there is under valuation or not. Therefore that direction is also improper, the petitioner submits. It is further submitted by the petitioner based on R.4 of the Kerala Stamp (Prevention of Under - valuation) Rules that only a statement in form No. 1 - A alone need accompany the reference by the Sub-Registrar to the District Registrar. It is further submitted by the petitioner that it is insisted in R.9 of the said rules that an appeal filed by a person aggrieved by the proceedings under R.45B shall accompany the original of the instrument or a certified copy thereof. It is thus clear that what is meant by the statutory provision is that the instrument shall always be in the possession of the incumbent concerned. Therefore there is no reason for the Sub-Registrar to refer the instrument to the District Registrar, who shall proceed under S.45 - B of the Kerala Stamp Act.

(3.) I am totally unable to accept these contentions raised by the petitioner. S.45B(1) is the relevant provision which reads as follows :