The authority to register a sale deed cannot be withheld without substantiating the refusal; the title must be clear and evidence must guide the action of the authorities involved.

JUDGMENT :

S.S. SUNDAR, J.

1. The above Writ Appeal is directed against the order of the learned Single Judge of this Court, dated 04.07.2023, made in W.P.No.19815 of 2023, dismissing the writ petition filed by the appellant to quash the order passed by the 1^st respondent dated 09.06.2023 and to direct the 1^st respondent to reconsider the appeal filed by the appellant along with the additional statements as well the supporting documents filed by the appellant before the 1^st respondent.

2. Brief facts that are necessary for the disposal of this Writ Appeal are as follows :

2.1. The appellant herein entered into an agreement of sale dated 05.12.2019 with one Mrs.S.Renukadevi in respect of an extent of 10.3 Acres in S.No.168/3E1A1A1C2A in Pattipulam Village, Thiruporur Taluk, Chengalpet District. Following the agreement, Mrs.S.Renukadevi, along with her husband and children, executed a sale deed dated 14.07.2021 for the entire extent for a valuable consideration. When the document was presented for registration, the Registering Authority kept the document pending only on the ground that there is a claim made by Nemili Arulmigu Alavanthar Naicker Charity Trust, the 2^nd respondent herein.

2.2. Hence, the appellant filed a writ petition in W.P.No.15377 of 2021 praying for issuance of a Writ of Mandamus to admit the sale deed for registration. A learned Single Judge of this Court, by order dated 26.07.2021, directed the Sub-Registrar to conduct an enquiry, after issuing notice to the petitioner as well the Commissioner, HR & CE Department, and affording them an opportunity of hearing and then to pass suitable orders.

2.3. Thereafter, the Sub-Registrar, by proceedings dated 21.02.2022, refused to register the document, however, giving liberty to the appellant to file an appeal before the District Registrar.

2.4. The appellant preferred an appeal before the District Registrar, the 1^st respondent herein. When the appeal was pending before the 1^st respondent, the appellant herein filed another writ petition in W.P.No.1463 of 2023 for issuance of a Writ of Mandamus directing the District Registrar to consider the appeal preferred by the appellant and pass orders setting aside the impugned Registration Refusal Order. In the said writ petition, a learned Single Judge of this Court, taking note of the contention of the writ petitioner that the subject matter of the proposed sale is not the property of the religious institution, gave direction to the 1^st respondent to dispose of the appeal within a stipulated time by order dated 23.01.2023.

2.5. Pursuant to the order of this Court in the writ petition, the 1^st respondent, by proceedings dated 09.06.2023, confirmed the order of the Sub-Registrar refusing to register the document, mainly on the ground that the name of the appellant's vendor being shown only as a joint pattadhar as per the joint patta issued by the Revenue Department, in respect of a larger extent, in the absence of separate patta in favour of the appellant's vendor, especially in the light of the objection raised by Nemili Arulmigu Alavanthar Naicker Charity Trust, the sale deed executed by S.Renukadevi and others cannot be registered. Since the order is passed under Section 76 of the REGISTRATION ACT , the 1^st respondent gave liberty to the appellant to file a Civil Suit to establish his title.

2.6. Aggrieved by the order of the District Registrar dated 09.06.2023, the appellant herein preferred a writ petition in W.P.No.19815 of 2023. A learned