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2021 Supreme(Online)(KER) 11149

MEHABOOB.M.S – Appellant
Versus
THE DISTRICT REGISTRAR (GENERAL) – Respondent


Advocates:
['MINI GANGADHARAN', '', 'SMT ASWATHI S KUMAR', 'GOVERNMENT PLEADER', 'SMT R SUDARSANA DEVI']

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)

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