Case Note & Summary
The Coimbatore Municipal Corporation filed three review applications (Review Application Nos.83, 84 & 85 of 2026) under Article 226 of the Constitution of India seeking to review the orders passed in W.P.Nos.19731 of 2021, 18506 of 2022 and 20574 of 2021 dated 02.12.2025. The petitioner, represented by its Commissioner, sought to re-argue the merits of the case, contending that the findings in the original orders were contrary to established principles. The respondents included Gunasekaran, Renuka, the State of Tamil Nadu, and the Kalapatti Periyar Nagar Residents Welfare Association. The court, comprising Justice S.M. Subramaniam and Justice R. Sakthivel, heard the petitioner's counsel, Mr. K. Magesh. The court observed that the learned counsel attempted to re-argue the merits already considered by the court, which is not permissible in review proceedings. The court reiterated that the scope of review is limited to errors apparent on the face of the record and that all grounds raised in an appeal need not be considered in a review application. Since the petitioner's grounds related to merits and did not disclose any error apparent, the review applications were dismissed with no order as to costs.
Headnote
A) Civil Procedure - Review - Scope of Review - Error Apparent on Record - Review applications filed under Article 226 of the Constitution of India seeking review of orders passed in writ petitions - The petitioner attempted to re-argue the merits already considered by the Court - Held that the scope of review is limited and only an error apparent on the face of the record can be a ground for review; re-argument of merits is not permissible (Paras 2-3).
Issue of Consideration
Whether the review applications seeking to re-argue the merits of the case are maintainable under Article 226 of the Constitution of India.
Final Decision
The review applications are dismissed. No costs.
Law Points
- Scope of review is limited to error apparent on the face of the record
- re-argument of merits not permitted in review proceedings
