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2025 DAILYLAW 13690 (AP)

Gampalam Neelamma, v. The State of Andhra Pradesh,

WP/8758/2024 · 2025-07-27

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

■ A APHC010165652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8758 OF 2024 Between: Gampalam Neelamma, W/o. Narayana, Aged about 45 years, Occ Farmer, R/o.D.No.5/52, Ravindra Nagar, Anathapur, Anathapuramu District, Andhra Pradesh-516257. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Disaster Management), A.P. Amaravathi, Andhra Pradesh -522503. 2. The Special Commissioner of Disaster Management, (APSDMA) Ex Officio Joint Secretary, Kunchanapalli, Tadepalli, Guntur District, Andhra Pradesh-522501. 3. The Collector and District Magistrate, Y.S.R. Kadapa Pradesh-524001. 4. The Revenue Divisional Officer, Lakkireddipalle Mandal District, Andhra Pradesh. 5. The Tahsildar, Lakkireddipalle Mandal, YSR Kadapa Pradesh. Secretariat, Velagapudi, and District, Andhra YSR Kadapa District, Andhra ...Respondents # Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be ' . . pleased to issue a Writ of Mandamus inaction of the respondent authorities in granting the ex-gratia relief to the petitioner in terms of the G.O.Ms.No.15 Revenue (DM.II) Department, dated 04.12.2015, in respect of the death of the petitioner's husband caused by the Cardio-respiratory arrest inflicted by the Thunderbolt/Lightening strike, as unjust, illegal and being in violation of the Fundamental Rights of the petitioner guaranteed under Part-Ill of the Constitution of India, besides being in violation of the statutory provisions enshrined under the Disaster Management Act, 2005 and consequently direct the respondent authorities to consider the representation of the petitioner dated 08.11.2023 and grant the ex-gratia relief to the petitioner in terms of the G.O.Ms.No.15 Revenue (DM.II) Department, dated 04.12.2015. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to temporarily issue an interim order or direction to respondent authorities to consider the representation of the petitioner dtd 08-11-2023. Counsel for the Petitioner: M/S. KOTA KRISHNA DEEPTHI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 t* APHC010165652024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8758/2024 Between: W/0. NARAYANA, AGED ABOUT 45 1.GAMPALAM NEELAMMA OCC FARMER, R/O.D.NO.5/52, RAVINDRA NAGAR, ANATHAPURAMU DISTRICT, ANDHRA PRADESH- YEARS, ANATHAPUR, 516257. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT SECRETARIAT, (DISASTER REVENUE SECRETARY, MANAGEMENT), AMARAVATHI, ANDHRA PRADESH -522503. VELAGAPUDI, A.P., 2.THE SPECIAL COMMISSIONER OF DISASTER MANAGEMENT, (APSDMA) AND EX OFFICIO JOINT SECRETARY. KUNCHANAPALLI, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH-522501. 3.THE COLLECTOR AND DISTRICT MAGISTRATE, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH-524001. 4.THE REVENUE DIVISIONAL OFFICER, LAKKIREDDIPALLE MANDAL, YSR KADAPA DISTRICT. ANDHRA PRADESH. 5.THE TAHSILDAR, LAKKIREDDIPALLE MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus inaction of the respondent authorities in granting the ex-gratia relief to the petitioner in terms of the G.O.Ms.No.15 Revenue (DM.II) Department, dated 04.12.2015, in respect of the death of the petitioner's husband caused by the Cardio-respiratory arrest inflicted by the Thunderbolt/Lightening strike, as unjust, illegal and being in violation of the Fundamental Rights of the petitioner guaranteed under Part-Ill of the Constitution of India, besides being in violation of the statutory provisions enshrined under the Disaster Management Act, 2005 and consequently direct the respondent authorities to consider the representation of the petitioner dated 08.11.2023 and grant the ex-gratia relief to the petitioner in terms of the G.O.Ms.No.l5 Revenue (DM.11) Department, dated 04.12.2015 and pass lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to temporarily issue an interim order or direction to respondent authorities to consider the representation of the petitioner dtd 08-11-2023 and to pass Counsel for the Petitioner: 1. KOTA KRISHNA DEEPTHI Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following ORDER: Heard learned counsel for the petitioner and Sri B V Satyanarayana, learned Assistant Government Pleader for Revenue for the respondents 1 to 5. The petitioner’s husband died on 11.05.2023 at 7.30 PM due to Lakkireddipalli Police Station, 2. lightning. The Station House Officer Annamayya District, registered a case in Crime No.50 of 2023 on 12.05.2023 (Ex.P5). A postmortem certificate (Ex.P.6) was issued by the Civil Assistant Surgeon, Community Health Centre, APWP Lakkireddypalli and opined that the deceased died due to Cardio-respiratory arrest due to Thunderstorm. 3 The Government issued G.O.Ms.No.15, Revenue (DM.II), Department, dated 04.12.2015 enhancing the scale of assistance from the State Disaster Response Fund (SDRF)/ National Disaster Response Fund (NDRF) notifying the Thunder bolt under the provisions of Special Disasters, within the local context of the State, as State Specific Disaster for eligibility of the assistance. The petitioner made a representation dated 22.11.2023 to the respondent authorities claiming ex gratia in terms of G.O.Ms.No.15 dated 04.12.2015 by annexing relevant documents. Flowever, the respondents 1 and 2 failed to consider the same. 3. Learned Assistant Government Pleader for Revenue, on instructions, would submit that the respondent will consider the representation of the petitioner dated 22.11.2023 and pass appropriate orders. 4. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the 2'"'^ respondent to consider the representation made by the petitioner dated 22.11.2023 by considering Exs.P.1 to P.3 and also Ex.P.5 and P.6 and pass appropriate orders keeping in view G.O.Ms.No.15 dated 04.12.2015 as expeditiously as possible, preferably within eight (8) weeks from the date of receipt of copy of this order. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The Principal Secretary, Revenue Department A.P., Secretariat, Velagapudi, Amaravathi, 2. The Special Commissioner of Disaster (Disaster Management), Andhra Pradesh -522503. Management, (APSDMA) and Ex Officio Joint Secretary. Kunchanapalli, Tadepalli, Guntur District, Andhra Pradesh-522501. 3. The Collector and District Magistrate, Pradesh-524001. Y.S.R. Kadapa District, Andhra {* 4. The Revenue Divisional Officer, Lakkireddipalle Mandal, YSR Kadapa District, Andhra Pradesh. The Tahsildar, Lakkireddipalle Mandal, YSR Kadapa District, Andhra Pradesh. One CC to M/s. Kota Krishna Deepthi Advocate [OPUC; Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies 5. 6. 7. 8. TF HIGH COURT DATED:28/07/2025 ORDER WP NO. 8758 OF 2024 i? g 10 SEP 2025 m Current beciion DISPOSING OF THE W.P. AT THE STAGE ADMISSION, WITHOUT COSTS OF