Case Note & Summary
The case involves a review petition filed by J.H.Najumudeen, the petitioner, seeking correction of a clerical error in the order dated 05.01.2026 passed by the Madras High Court in WP.No.4455 of 2024. The error pertained to the omission of the phrase 'in respect of the gifted land' after the words 'dated 22.07.1971 any subsequent alienation' in paragraph 4 of the order. The petitioner argued that this omission was a clerical mistake that needed rectification to reflect the court's true intention. The respondents included R.Mohan, the State of Tamil Nadu, the Greater Chennai Corporation, and others. The court, comprising Justice S.M. Subramaniam and Justice C. Kumarappan, considered the submissions. The petitioner's counsel, Mr. P.L. Narayanan, contended that the error was apparent on the face of the record and that review was maintainable under Article 226 of the Constitution of India. The respondents did not oppose the correction. The court allowed the review petition, holding that the error was indeed clerical and that the phrase should be inserted to give effect to the original order. The court directed that the order be corrected accordingly. The judgment was delivered on 24-02-2026.
Headnote
A) Civil Procedure - Review - Clerical Error - Correction - Article 226 of the Constitution of India - The petitioner sought review of a writ order to correct a clerical error by inserting the phrase 'in respect of the gifted land' after 'dated 22.07.1971 any subsequent alienation' - The court allowed the review, holding that the error was apparent on the face of the record and that review is maintainable for correcting such mistakes to give effect to the original intention (Paras 1-8).
Issue of Consideration
Whether the review petition is maintainable for correction of a clerical error in the order dated 05.01.2026 in WP.No.4455 of 2024 by inserting the phrase 'in respect of the gifted land' after the words 'dated 22.07.1971 any subsequent alienation'.
Final Decision
The review petition is allowed. The clerical error in the order dated 05.01.2026 in WP.No.4455 of 2024 is corrected by inserting the phrase 'in respect of the gifted land' after the words 'dated 22.07.1971 any subsequent alienation' in paragraph 4.
Law Points
- Review jurisdiction
- Clerical error correction
- Article 226
- Writ petition
- Gifted land
- Alienation restriction
