HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO.20530 OF 2025

ORDER:

Heard Sri Hari Kishan Kudikala, learned counsel for the petitioners and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents. Perused the record.

2. The grievance of the petitioners is that their family members died due to lightning strike of ‘Thunderbolt’ during the period from 31.03.2016 to 06.06.2018. The concerned Station House Officers registered cases under Section 174 of Cr.P.C., and conducted inquest. The autopsy, conducted by the concerned Civil Assistant Surgeon, revealed that the victims died ‘due to Thunderbolt’. The final investigation reports revealed that the victims died ‘due to fall of Thunderbolt’. They have mentioned the details of the same in a tabulator form in paragraph-4 of the writ affidavit.

3. The Government of India, Ministry of Home Affairs (Disaster Management Division), New Delhi in their letter No.32-

7/2014-NDM-I, dated 08.04.2015 issued the norms of assistance from SDRF and NDRF for the period from 2015-2020 and directed the States for sanction of ex-gratia relief of Rs.4.00 lakhs per deceased person for loss of human life, subject to certification regarding cause of death from the appropriate authority. In compliance with the same, the Government of Telangana, issued orders in G.O.Ms.No.1, Revenue (DM.I) Department dated 04.05.2015 and notified the ‘Thunderbolt’ as the State Specific Disasters’ and directed for sanction of ex-gratia relief of Rs.5.00 lakhs each to the families of the deceased persons, who died due to Thunderbolt. It is also stated that revenue officials have visited the place of mishap, conducted panchanama and submitted the reports to the higher officials. The petitioners approached the respective District Collector many times for sanction of ex-gratia relief of Rs.5,00,000/- to each person as per the said G.O. and as a last resort, legal notice/representation dated 15.04.2025 was issued through their counsel for sanction of ex-gratia relief to the petitioners herein as per the Government Orders. But, no action has been taken on the same. Aggrieved by the same, the present writ petition has been filed.

4. Learned counsel for the petitioners would submit that once the cause of death is proved to be ‘Thunderbolt (natural calamity)”, it is the statutory obligation on the part of the State to pay ex-gratia relief and it is the duty of the Government to safeguard the life and liberty of the people as guaranteed under Article 21 of the Constitution of India.

5. As per the G.O.Ms.No.1, Revenue (D.M-1) Department, dated 04.05.2015, petitioners being the family members of the deceased persons are entitled for the ex-gratia, but respondents have not extended the said benefit to the petitioners. Therefore, the said action of respondents is contrary to the said G.O, scheme and the above referred proceedings issued by both the Central and State Government. Respondents have to extend the said benefit to the petitioners for the death of their family members as per the said G.O.

6. According to the petitioners, they got issued legal notice dated 15.04.2025 to respondent No.1 and respondent No.2 with a request to pay ex-gratia and despite receiving and acknowledging the said legal notice, respondent No.1 and respondent No.2 did not consider the same. Therefore, they have filed the present writ petition.

7. In fact, District Collector is the competent authority and therefore, petitioners have to submit representations to the District Collector concerned with a request to pay ex-gratia along with all the relevant documents and on receipt of the said representations, the District Collector concerned shall consider the same.

8. In view of the same, the Writ Petition is disposed of granting liberty to the petitioners to submit representations to the District Collector concerned along with all the relevant documents and on receipt of the said representations, District Collector concerned shal