Venkatesh Coke And Power Limited v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
1. Venkatesh Coke and Power Limited Rep by its Director, Mr. Gaurav Agrawal, having Registered office at 6296A/D1, Chandrawal Road, New Delhi 110 007.
Appellant(s) Vs
1. The Union of India Through the Secretary, Ministry of Finance, Government of India, New Delhi 110 001.
2.The Inspector General of Registration Registration Department, No.100, Santhome High Road, Chennai 028.
3.The Sub Registrar Thiruvotriyur Sub Registrar Office, No.21/8, Market St, Kaladipet,
Thiruvotriyur, Chennai 019.
4.The District Registrar Chennai North, Kuralagam, Chennai 108.
5.The Deputy Salt Commissioner Ministry of Commerce and Industry, No.26, Hadows Road, Shastri Bhawan, Nungambakkam, Chennai 006.
6.Dwaraka Trade Links 34, Tank Bund Road, Nungambakkam, Chennai 34 Respondent(s) PRAYER To against the Order dated 18.07.2024 in WP No.19175 of 2024 on the file of this Court.
For Appellant(s):
Mr M.V.Seshachari I For Respondent(s): Mr L.J. Vengatesh Central Government Standing Counsel For Rr1 and 5 Mr. U.Baranidharan Special Government Pleader for R2 To R4.
NA for R6
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The Writ petitioner is the appellant before this Court. The Writ Court considered the issues and passed an order that mere entry reflected in the
encumbrance certificate based on the document, after expiry of the lease period, will not have any effect in dealing with the property of the appellant in Atthipattu Village.
2. Learned counsel for the appellant would mainly contend that there is an error occurred in the encumbrance certificate, more specifically in the description column. The application submitted to rectify the error, since not entertained, the writ petition came to be instituted. It is further contended that the No-objection letter is yet to be considered by the authorities.
4. Learned Government Advocate would oppose by stating that separate rectification deed is to be executed by the 5 th respondent for correcting the mistake in the entry, if at all established. However, these all are the procedures to be followed in consonance with the Registration Act and Rules framed thereunder. The High Court in exercise of the powers of judicial review under Article 226 of the Constitution of India cannot issue a direction to rectify an error in respect of the description of the property and in the event of issuing any such direction, there is likelihood of causing prejudice or result in infringement of civil rights of any of the parties. Thus, it is for the appellant to produce all necessary documents and if necessary, execute rectification deed, as the case may be, for the purpose of correcting the mistake, if any, as per the statement made by the appellant.
5. With the above clarification, the Writ Appeal stands disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 23-09-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Union of India Through the Secretary, Ministry of Finance, Government of India, New Delhi 110 001.
2.The Inspector General of Registration Registration Department, No.100, Santhome High Road, Chennai 028.
3.The Sub Registrar Thiruvotriyur Sub Registrar Office, No.21/8, Market St, Kaladipet, Thiruvotriyur, Chennai 019.
4.The District Registrar Chennai North, Kuralagam, Chennai 108.
5.The Deputy Salt Commissioner Ministry of Commerce and Industry, No.26, Hadows Road, Shastri Bhawan, Nungambakkam, Chennai 006.
6.Dwaraka Trade Links 34, Tank Bund Road, Nungambakkam, Chennai 34
S.M.SUBRAMANIAM J.
AND MOHAMMED SHAFFIQ J.
gd 23-09-2025