Kerala High Court
Lilly Varghese vs State Of Kerala on 1 August, 2025
W.P.(C) No.4117 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
WP(C) NO.4117 OF 2025
PETITIONERS:
1 LILLY VARGHESE
AGED 67 YEARS
W/O.P.J. VARUGHESE, PADINJATTETHIL HOUSE,
NEDUMANAL, KUMBAZHA.P.O.,
PATHANAMTHITTA VILLAGE,
KOZHENCHERRY TALUK, PIN - 689653
2 ANU DAFINI VARUGHESE
AGED 36 YEARS
D/O.P.J. VARUGHESE, PADINJATTETHIL HOUSE,
NEDUMANAL, KUMBAZHA.P.O.,
PATHANAMTHITTA VILLAGE,
KOZHENCHERRY TALUK, PIN - 689653
*3 JOHN K. GEORGE, *DELETED
AGED 53 YEARS,
S/O. LATE P.G.YOHANNAN, DOCUMENT WRITER,
KOIPRATH HOUSE, KUMBAZHA,
MYLAPRA VILLAGE, PIN - 689653.
*3RD PETITIONER DELETED FROM THE PARTY ARRAY AS
PER ORDER DATED 31-07-2025 IN WPC 4117/2025
BY ADVS.
SRI.V.PHILIP MATHEWS
SRI.ASHISH MATHEW JOHN
W.P.(C) No.4117 of 2023
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RESPONDENTS:
1 STATE OF KERALA
DEPARTMENT OF REGISTRATION, ROOM NO.603,
6TH FLOOR ANNEX - I KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
PIN - 695001.
2 INSPECTOR GENERAL OF REGISTRATION
DEPARTMENT OF REGISTRATION KERALA, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695035
3 DISTRICT COLLECTOR, PATHANAMTHITTA
2ND FLOOR, DISTRICT COLLECTORATE,
COLLECTORATE ROAD, CHITTOOR,
PATHANAMTHITTA, PIN - 689645
4 DISTRICT REGISTRAR (GENERAL)
OFFICE OF THE DISTRICT REGISTRAR,
PATHANAMTHITTA, PIN - 689645
5 AMALGAMATED SUB REGISTRAR
OFFICE OF THE AMALGAMATED SUB REGISTRAR,
MINI CIVIL STATION, PATHANAMTHITTA, PIN - 689645
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.4117 of 2023
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JUDGMENT
Petitioners presented Ext.P4 settlement deed for registration
before the 5th respondent. The same has been refused stating
that the value stated in the document is not the one indicated
in the fair value. Learned counsel for the petitioners would
point out that the settlement deed is executed by the
petitioners in favour of the brother of the 2 nd petitioner, who
is the son of the 1st petitioner.
2. According to the learned counsel for the petitioner, the
property is not having a direct access to a municipal
road/P.W.D road. Instead, a private road, which has been
provided for the purpose of access to the property alone has
an access to the P.W.D/municipal road. In such circumstances,
the value of Rs.5,28,000/- as shown in Ext.P6 fair value
notification is not applicable, besides being grossly
exorbitant, is the submission made. Learned counsel would also
submit that the document is sought to be registered for the
treatment of the settlee.
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3. This Court directed the learned Government Pleader to
explore the possibility of registering the document under
Section 45B of the Kerala Stamp Act and to initiate
appropriate proceedings for the alleged undervaluation.
Instructions are to the effect that such a course will not
jeopardise the interest of the department.
4. In the circumstances, there will be a direction to the
5th respondent to register the document and to initiate the
appropriate proceedings in terms of Section 45B of the Kerala
Stamp Act Act. The above direction shall be complied with, as
and when the document is presented for registration.
This Writ Petition is disposed of, as above.
Sd/-
C.JAYACHANDRAN, JUDGE
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APPENDIX OF WP(C) 4117/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SETTLEMENT DEED NO.1913/2007
OF PATHANAMTHITTA SUB REGISTRAR.
EXHIBIT P2 TRUE COPY OF LOCATION SKETCH OF THE
PROPERTY SHOWN IN EXHIBIT P1.
EXHIBIT P3 TRUE COPY OF POSSESSION CERTIFICATE OF
PROPERTY DATED 29.10.2024 COVERED UNDER
EXHIBIT P1, ISSUED BY VILLAGE OFFICER,
PATHANAMTHITTA.
EXHIBIT P4 TRUE COPY OF SETTLEMENT DEED DATED
24.10.2024 PREPARED BY THIRD PETITIONER AS
INSTRUCTED BY PETITIONERS ONE AND TWO.
EXHIBIT P5 TRUE COPY OF PRINT OUT TAKEN FROM THE WEB
SITE WHICH IS OWNED AND MAINTAINED BY THE
REGISTRATION DEPARTMENT, GOVERNMENT OF
KERALA SHOWING THE FAIR VALUE OF PROPERTY
OF PETITIONERS ONE AND TWO.
EXHIBIT P6 TRUE COPY OF PRINT OUT TAKEN FROM THE WEB
SITE, WHICH IS OWNED AND MAINTAINED BY THE
REGISTRATION DEPARTMENT, GOVERNMENT OF
KERALA SHOWING THE FAIR VALUE OF PROPERTY
INCLUDED IN SURVEY NO.K103 SUB DIVISION
NO.9 OF PATHANAMTHITTA VILLAGE.
EXHIBIT P7 TRUE COPY OF LETTER DATED 24.10.2024 ISSUED
BY FOURTH RESPONDENT TO THE FIRST
PETITIONER.
EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED
12.11.2024 SUBMITTED BY THE THIRD
PETITIONER TO THE FIFTH RESPONDENT.
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EXHIBIT P9 TRUE COPY OF POSTAL ACKNOWLEDGEMENT CARD
EVIDENCING RECEIPT OF EXHIBIT P8 BY FIFTH
RESPONDENT.
