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"................If the value of the land or the consideration set forth in the instrument is not the fair value of the land fixed under Section 28A, the Registering Officer is empowered to make an order directing payment of proper stamp duty on the fair value of the land fixed within the prescribed period and register it only upon payment of such deficit stamp duty"

That decision was one dealing with the question as to whether for the purpose of proceeding under Section 45B of the Kerala Stamp Act, the registering officer can after registering the document retain the document. Considering that issue, the Division Bench held that the registering officer cannot retain the document after registration for the purpose of proceeding under Section 45B. In fact, that decision although Section 45A is referred to therein, the Division Bench did not consider the question as to whether in view of Section 45A the registering officer can refuse to register the document, which does not bear stamp duty payable as per the Schedule to the  Kerala Stamp Act. Therefore I am of opinion that the reliance by the counsel for the petitioners on the decision in Periyar Real Estates' case (supra) is misplaced.

(4) Any person aggrieved by the fixation of fair value under sub-section (1) may, within thirty days of its publication under sub-section (3), appeal to the Collector]"

Again Section 45A of the Act reads thus:

"[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.] Reading these Sections together, I find that once the fair value of the land is fixed by virtue of powers under Section 28A of the Kerala Stamp Act, then every conveyance as defined under Section 2(d) of the Act should bear the stamp duty payable as per Article 22 of Schedule I of the Act. That Schedule prescribes that the amount of stamp duty payable is to be computed on the fair value fixed under Section 28A or the consideration whichever is higher. In view of the above provisions, the question of undervaluation does not arise any more. Consequently the question of proceedings under Section 45B also does not arise. Under Section 45B, if the  Registering Officer, while registering any instrument transferring any property, has reason to believe that the value of the property or the consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector, for determination of the value or consideration as the case may be, and the proper duty payable thereon. After amendment of Article 22 of Schedule I of the Kerala Stamp Act, the value of the property or the consideration set forth in the instrument is not relevant after the fixation of the fair value of the land under Section 28A, since stamp duty is payable on the fair value or the consideration, whatever be that consideration, whichever is higher. Therefore after the amendment in 2010, Section 45B practically loses its relevance at least in respect of conveyances as defined under Section 2