K GANESAN Vs. ARULMIGHU SETHUBAVA SWAMY TRUST MANNARGUDI

JUDGEMENT

(1.) THE appellant has filed this writ appeal aggrieved against the order of the learned single Judge dated 10.09.2001 in allowing the writ petition No.10676 of 198 filed by the First Respondent-Trust.

(2.) ACCORDING to the learned counsel for the Appellant/ Second Respondent, the learned Single Judge has erred in overruling the objection of the Appellant that the First Respondent/Petitioner Trust has not challenged the proceedings of the original Authority and Appellate Authority and therefore, the writ petition is not per se maintainable in law.

(3.) ADDED further, the learned counsel for the Appellant strenuously contends that when the First Respondent/Petitioner Trust has filed an appeal before the Appellate Authority, three years later, from the date of passing of the order of the Recording Officer dated 14.9.1992 without condone delay application, the same is hit by limitation and that the observations of the learned Single Judge that the finding recorded by the authorities suffer from perversity etc are not correct.