Methodist Church in India Trust Association Rep by its secretary Director, Rev. Junes G. Lal, Madras v. The Inspector General of Registration, Madras
1990-01-05
SRINIVASAN
body1990
DigiLaw.ai
Judgment :- 1. The impugned order has been passed by the Inspector General of Registration on an invitation of the petitioner herein seeking his opinion as to the provision under which registration fee for the relevant documents to be charged. I do not find any provision of law which empowers the Inspector-General of Registration or any other authority for that matter to give opinion as if they exercise advisory jurisdiction in these matters. The question as to the exact fee payable by the petitioner for registration of the document concerned has to be decided by the registering authority when the document is presented for registeration. If the party is aggrieved by the decision of the registering authority, then he can have his remedy under the Registration Act. It is not open to any party to ask for this sort of of opinion and direct the registering authority to act on such opinion. 2. The petitioner invited this opinion by making an application to the Inspector General of Registraiion. The proper course for the petitioner is to present the document for registration before the concer ned Sub Registrar and if the Sub Registrar fixes a fee, which, according to the petitioner is higher than that payable under law, it is open to the petitioner to seek appropriate remedies as against such levy of fee. With these observations, this writ petition is dismissed.