JUDGMENT

The above writ petition is filed with the following prayers:

“i) Issue a writ of Certiorari quashing Ext.P5 order issued by the 1st respondent.

ii)Issue an Order directing the 2nd respondent to register the deed for curing the defect occasioned in Sale Deed No: 1019/2019 of Varkala Sub Registry in normal fees normally imposed for the registration of Deeds for curing defects.

iii) Such other reliefs this Hon'ble Court may deem fit and proper to grant in the facts and circumstances of the case.”

2. The grievance of the petitioner is that, Ext.P1 is the copy of a rectification deed produced by the petitioner before the 2nd respondent requesting to register the same. But according to the petitioner, the 2nd respondent refused to accept the same. Thereafter the petitioner directly approached the 1st respondent and invited Ext.P5 order. Challenging Ext.P5 order this writ petition is filed.

3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the 3rd respondent.

4. Section 45A of the Kerala Stamp Act, 1959 reads as follows:

“[45A. Instrument not bearing stamp of sufficient amount as per fair value of land how to be dealt with. - (1) Notwithstanding anything contained in this Act, the registering officer shall, while registering an instrument transferring any land, other than an instrument of partition, settlement or gift among the members of a family, chargeable with duty verify whether the value of land or the consideration set forth in the instrument is the fair value of that land.

(2) Where on such verification, the registering officer is satisfied that the value of the land or the consideration set forth in the instrument is not less than the fair value of the land, he shall duly register the instrument.

(3) Where, on verification the registering officer finds that the value of the land or the consideration set forth in the instrument is less than the fair value of the land fixed under section 28A, he shall, by order, direct the payment of proper stamp duty on the fair value of the land fixed under section 28A within a period of seven days from the date of the order and on payment of the deficit stamp duty, the instrument shall be duly registered.

(4) Any person aggrieved by an order under sub-section (3) may, within thirty days from the date of that order, appeal to the collector within whose jurisdiction the land is situate.

(5) The Collector shall hear and dispose of the appeal in such manner as may be prescribed by rules made under this Act in that behalf and his decision thereon shall be final.]”

5. Section 45A (3) of the Stamp Act says that where, on verification the Registering Officer finds that the value of the land or the consideration set forth in the instrument is less than the fair value of the land fixed under Section 28A, he shall, by order, direct the payment of proper stamp duty on the fair value of the land fixed under Section 28A within a period of seven days from the date of the order and on payment of the deficit stamp duty, he shall duly register such documents and certify by endorsement on the instrument under his seal and signature that proper stamp duty has been charged. Section 45A (4) of the Stamp Act says that, any person aggrieved by an order under sub-section (3) may within 30 days from the date of that order, appeal to the Collector, within whose jurisdiction the land is situated. Admittedly, no order is issued by the registering authority in accordance with Section 45A (3) of the Stamp Act. Hence, the petitioner directly approached the 1st respondent. The 1st respondent is not the appellate authority. The additional 4th respondent is the appellate authority.

6. A counter affidavit is filed by the 1st respondent. The learned Government Pleader submitted that the petitioner without approaching the 2nd respondent directly went to the 1st respondent and that is why the order under Section 45A (3) was not issued.

7. In such circumstances, according to me