Vemula Satyatyana, v. The District Collector, Khammam District, Khammam.
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.25194 OF 2014 ORDER:
This Writ Petition is filed seeking to declare the action of respondent authorities in not finalizing the payment of ex gratia to the petitioner due to the death of his son in extremists violence, as illegal and arbitrary.
The case of the petitioner is that his son, V. Panduranga Raju, who is unmarried, was killed in extremists violence at Pameru, which is the border place of the State of Telangana and the State of Chattisgadh. The Tahsildar, Dummugudem, submitted a report to the Revenue Divisional Officer stating that respondent No.4 is also one of the legal heirs of the deceased V. Panduranga Raju. When he came to know about the same, he made a representation to the authorities concerned and now, the matter is pending before the District Collector, Khammam, for granting benefits due to the death of his son in extremist violence. Hence, the present Writ Petition is filed.
Learned Government Pleader for Home has brought to the notice of this Court the Counter filed by respondent No.1 on behalf of respondent Nos.2, 3, 5 and 6, wherein it is stated that the son of the petitioner, who was killed by Maoists on 15.04.2008, is eligible for sanction of ex gratia of Rs.5,00,000/- in terms of G.O.Ms.No.40, GAD, dated 17.02.2004, and as per Government Memo No.9115/SC-A/A1/2006-3, GAD, dated 03.08.2006, the ex gratia sanctioned to the families of the
victims of the extremists violence shall be apportioned in the ratio of 3:1 between the spouse and parents, when there are children, and when there are no children, in the ratio of 1:1 between the spouse and the parents of the victim. It is also stated that Rs.5,00,000/- was sanctioned by respondent No.1 vide Rc.No.C1/12/2014, dated 16.09.2014, towards ex gratia to be paid to the family members of the deceased and the Revenue Divisional Officer, Bhadrachalam, is authorized to draw and disburse the same to the family members of the deceased in the shape of Demand Drafts in the following manner and therefore, sought for dismissal of the Writ Petition. Name of the deceased family Relationship Sl.
No.
Amount sanctioned with deceased members 1.
Smt. Vemula Ramakka (4th respondent) Wife Rs.1,87,500/- 2.
Vemula Mayuri Daughter Rs.1,87,500/- Sri Vemula Satyanarayana (petitioner) 3.
Father Rs.62,500/- 4.
Smt. Vemula Anasuya (petitioner's wife) Mother Rs.62,500/- In this case, it is to be seen that the grievance of the petitioner stood redressed since an amount of Rs.5,00,000/- was granted as ex gratia for the death of his son and the amount was sought to be disbursed as per Memo, dated 03.08.2006.
In view of the same, the Writ Petition is disposed of with a direction to the respondent authorities to disburse the amount as stated in the counter affidavit, if not already
disbursed, within a period of four weeks from the date of receipt of a copy of this order. If the petitioner has any objection, he can raise the same before the concerned Revenue Divisional Officer, who shall consider and dispose of the same before making any payment.
Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. No costs.
__________________________ A. RAJASHEKER REDDY, J April 25, 2016 MD