M.M.Udaya Shankaran, v. The Director,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 14833 of 2017 ORDER:

Heard learned counsel for the petitioner and learned Assistant Solicitor General appearing for respondent Nos.1 to 4. This writ petition is filed seeking a direction to the respondents to take appropriate and immediate steps to declare Shree Mahan Kannadi Swamiar Temple, Kamala Vinayagar, including other Ancient Monuments situated at Plot No.51 (new premises No.3-14-122), Paigah Colony, behind Anand Theatre, Phase-2, S.P. Road, Begumpet, Secunderabad, as Ancient Monuments of National Importance under Section 4 (3) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (for short 'the Act'). Petitioner claims to be the member of Founder's Family of the above said Temple and he was recognized as such by the Assistant Commissioner of Endowments, Secunderabad. When he filed W.P.No.

7517 of 2017 seeking a direction to the Cantonment Board, Secunderabad for considering his representations, dated 26.09.2016 and 28.11.2016, stating that the Monuments are being damaged by the developmental activity undertaken by the adjacent owner, this Court did not entertain the same. Now, the petitioner states that he is taking steps for declaring the Temple as Ancient Historical Monument under the provisions of the Act and for the said purpose, he submitted a representation on 08.04.2017 to respondent Nos.

4. His grievance is that no further steps were taken by respondent Nos.1 to 4 thereon.

Since the representation was filed on 08.04.2017 and no sufficient time was given to respondent Nos.1 to 4 to take appropriate action, this Court is not inclined to entertain the present writ petition, but in view of pendency of the said representation, is inclined to direct the Authority concerned to consider the representation said to have been submitted by the petitioner and pass appropriate orders in accordance with the provisions of the Act and the Rules made thereunder, within a period of six (6) weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:24.04.2017 kdl