(Order of the Court was made by G.R.SWAMINATHAN, J.) The Review Application (MD)No.67 of 2017 has been filed for reviewing the order made in W.P.(MD)No.10892 of 2017 dated 20.07.2017. The Review Application (MD)No.68 of 2017 has been filed reviewing the order made in W.M.P.(MD) No.8325 of 2017 in W.P.(MD)No.10893 of 2017, dated 27.07.2017.
2.The petitioner in both the applications is the writ petitioner in both the writ petitions. He was running a private market. The respondent municipality passed two orders, one dated 26.05.2017 cancelling the levy of property tax and the other dated 05.06.2017 closing private market. The order dated 26.05.2017 was challenged in W.P.(MD)No.10892 of 2017 and the order dated 05.06.2017 was challenged in W.P.(MD)No.10893 of 2017.
3.Both the writ petitions came up for hearing on 20.08.2017. This Court was of the view that W.P.(MD)No.10893 of 2017 has to be dismissed with certain directions, whereas W.P.(MD)No.10892 of 2017 will have to be allowed. It appears that while enclosing the second set of papers, there was interchanging of the affidavits and petitions as well as the impugned orders. As a result, the orders intended to be pronounced by the Division Bench also got consequently interchanged. W.P.(MD)No.10892 of 2017 was shown as having been dismissed. This was never the intention of the Court. Similarly, interim order has been shown as having been granted in W.P.(MD)No.10893 of 2017. Again this was not what the Court originally intended. Thus the orders in both the writ petitions suffer from errors apparent on the face of the record on account of the said interchanging.
4.Therefore, the orders dated 20.07.2017 and 27.07.2017 made in W.P.(MD)Nos.10892 of 2017 and W.M.P.(MD) No.8325 of 2017 in W.P.(MD) No.10893 of 2017 stand set aside. The registry is directed to list W.P.(MD) No.10892 of 2017 for hearing along with W.P.(MD) No.10893 of 2017.
5.Consequently, both the Review Applications stand allowed. No costs.
To The Commissioner, Ambasamudram Municipality, Tirunelveli District.
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