ORDER : (Prayer: Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules of this Court and under Section 25 of the Official Trustee's Act 11 of 1913 and A.No.1745 of 2020 is filed praying to permit the Administrator General and Official Trustee to donate a sum of Rs.5,000/- to each member of the Tamil Nadu Advocate Clerk Association and Madras High Court Advocate Clerk Welfare Association and also supporting staff of the advocate associations and clerk associations altogether 859 persons which comes to Rs.42,95,000/- as per list 1 to 6 found in the typed set from and out of the balance accumulation of funds of Rs.5,11,798/- from accumulation of FY 2016-17 and Rs.10,12,105/- from the accumulation of FY 2017-18 from the RSRM Trust Estate and Rs.24,81,726/- from the accumulation of funds of the FY 2016-17of V.T.Chetty Trust Estate and Rs.2,89,371/- from the accumulation of funds of the FY 2016-17 of MKA A.Nos.1745 and 1746 of 2020 Charities Trust Estate by NEFT transfer to the Account numbers provided by the Associations. Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustee's Act 11 of 1913 and A.No.1746 of 2020 filed praying to permit the Administrator General and Official Trustee to donate a sum of Rs.1,00,000/- (Rupees one lakh only) to Sri Kulacchirai Nayanar Arakkattalai to provide Annadhanam to Sri Kulacchirai Nayanar Guru Pooja Vizha which falls on 26.08.2020 from the accumulation funds from FY 2016-2017 from the Trust Estate RSRM.) 1. These applications are heard today through video-conferencing. 2. These applications are heard today through video-conferencing. 2. A.No.1745 of 2020 is filed praying to permit the Administrator General and Official Trustee to donate a sum of Rs.5,000/- to each member of the Tamil Nadu Advocate Clerk Association and Madras High Court A.Nos.1745 and 1746 of 2020 Advocate Clerk Welfare Association and also supporting staff of the advocate associations and clerk associations altogether 859 persons which comes to Rs.42,95,000/- as per list 1 to 6 found in the typed set from and out of the balance accumulation of funds of Rs.5,11,798/- from accumulation of FY 2016-17 and Rs.10,12,105/- from the accumulation of FY 2017-18 from the RSRM Trust Estate and Rs.24,81,726/- from the accumulation of funds of the FY 2016-17 of V.T.Chetty Trust Estate and Rs.2,89,371/- from the accumulation of funds of the FY 2016-17 of MKA Charities Trust Estate by NEFT transfer to the Account numbers provided by the Associations. 3. A.No.1746 of 2020 filed praying to permit the Administrator General and Official Trustee to donate a sum of Rs.1,00,000/- (Rupees one lakh only) to Sri Kulacchirai Nayanar Arakkattalai, to provide Annadhanam to Sri Kulacchirai Nayanar Guru Pooja Vizha which falls on 26.08.2020 from the accumulation funds from FY 2016-2017 from the Trust Estate RSRM. 4. The learned A.G. & O.T. has filed a report, dated 20.08.2020, stating as follows: (a) The office of the Administrator General and Official Trustee of Tamil Nadu has been administrating more than 200 Trust Estates. There are properties to Trust Estates and rental income deriving from it are put it in fixed deposits. Out of the rental and interest income the O/o AG & OT has been doing charities, maintenance to the beneficiaries, scholarship to the students, salary to estate staff, making statutory charges to government, paying income tax, meeting other necessary expenses. Apart from that, as per the orders of this Court, donation by way of things, articles and medical equipments etc. have been made to the NGOs and other institutions based on their request. Apart from that, as per the orders of this Court, donation by way of things, articles and medical equipments etc. have been made to the NGOs and other institutions based on their request. (b) From the accumulation of funds from various trust estates for FY 2014-15 and 2015-16, recently charity to the school student studying in Hill area, Medical equipments to Dharmapuri Government Medical College, COVID-19 relief fund to the Tamil Nadu Government Chief Minister Relief Fund, articles to NGOs and donation to Cancer Institute, Adyar have been done as per the orders of this Court, to the total value of more than 3.5 crores of rupees. (c) There is accumulation of funds for the succeeding financial years of 2016-17, 2017-18 and 2018-19. One Mr.Ramprasad, advocate of this Court, is a Co-Trustee of RSRM Trust, which is under the administration of the applicant, made a request in his letter dated 19.08.2020 requesting to donate a some amount to the Sri Kulachirai Nayanar Guru Pooja Vizha which falls on 26.08.2020, after taking in to consideration of Advocate Clerks and Bar Association staffs COVID-19 relief donation. In his words he requested Rs. 1,00,000/- may be donated to the Guru Pooja Vizha. (d) In the recent past also, the applicant has donated to the said Guru Pooja Vizha on the application either filed by the applicant or the said Co- Trustee from the Trust Estate of RSRM. Last year also, the said Co-Trustee has taken out an Application No.5850 of 2019 to donate a sum of Rs.2,00,000/ to the said Guru Pooja vizha. This Court allowed that application in order dated 30.08.2019 and that amount was paid to the said organization. (e) Now the Co-Trustee has given the letter to the applicant regarding to take necessary application to donate Rs.1,00,000/- to the said Guru Pooja vizha. On perusal of the records and files from the trust estate of RSRM accumulation of funds for the FY 2016-17 a sum of Rs.6,11,798/- is available. To meet out the said donation of Rs.1,00,000/-, may be spent it from the said accumulated funds and the remaining accumulated funds be utilized for the other purpose which will be stated in the following paras. (f) The recent COVID-19 pandemic has affected the people in the world and particularly in India and heavily in the State of Tamil Nadu and took the life of the thousands of people. (f) The recent COVID-19 pandemic has affected the people in the world and particularly in India and heavily in the State of Tamil Nadu and took the life of the thousands of people. Since March, 2020, many people have lost their lives, jobs and business due to lock down and thousands of people health is affected by the Corona Virus. The Government of Tamil Nadu is helping the needy poor people by the way of giving free rations, free foods and conducting rapid COVID-19 Test etc. (g) The usual practice to celebrate the birth anniversary of the donor of the Trust Estate of RSRM i.e. Raja Sir Ramasamy Mudaliar on 13th October of every year. Last year also his 179th anniversary was celebrated on 13.10.2019 at Balavigarh, Kilpauk, Chennai-10. During that occasion, donation was made to the schools, orphanage, NGO etc. to and above, Rs.5,90,938/- in addition to that medical equipments were supplied to the founder hospital of RSRM hospital at Royapuram, Chennai to the value of Rs.14,03,360/-. (h) For this year, when the talk was started in second week of August, 2020 to celebrate the function on 13.10.2020 the Co-Trustee Mr. Ramprasad has suggested since the schools have been not opened and there is a restriction to conduct any function and facing COVID-19 pandemic, the funds available from RSRM Trust Estate may be utilized for a better good cause. When the matter was discussed, the said Co-Trustee suggested that the Advocate Clerks in the High Court campus have also suffered a lot from the COVID-19 pandemic. (i) Since 25.03.2020 physical court hearings are not conducted and the Advocate Clerks works of filing case papers, necessary follow up action, availing order copy etc. has been not done by the Advocate clerks. In his knowledge, some of the advocate clerks were unable to look after their family to provide food. Considering the situation the advocate clerks association has approached the senior advocates and advocate associations for their help to donate them. The said Co-Trustee suggested from and out of the accumulation of funds from the trust estate of RSRM from the accumulation years 2016-17 and 2017-18 may be donated to the Madras High Court campus advocate clerks association members at least to some extent they may keep their survival to work in future. The said Co-Trustee suggested from and out of the accumulation of funds from the trust estate of RSRM from the accumulation years 2016-17 and 2017-18 may be donated to the Madras High Court campus advocate clerks association members at least to some extent they may keep their survival to work in future. (j) After discussing with him, the applicant conducted a formal meeting with the President of Tamil Nadu Advocates Clerks Association and the Secretary of Madras High Court Advocate Clerks Welfare Association along with Mr.Ramprasad on 17.08.2020. Both the associations representatives have requested by their letter dated 17.08.2020 to extend financial support to the members of their associations for their survival during COVID-19 pandemic. There are 635 active members to the former association and 173 acting members to the later association. The list of membership with their bank details also attached in their letter. In addition to that there is five [5] supporting staff to the former association to attend the association day-to-day work. (k) During the course of meeting, Mr.Ramprasad also suggested that the staff of advocate associations in the High Court may also be considered for the reason except meager salary from the association, they are at loss due to COVID-19. As per the data submitted by the advocate associations there is 16 supporting staff to the Madras Bar Association, 17 supporting staff to the Madras High Court Advocate Association, 5 supporting staff to the Law Association and 8 supporting staff to the Women Lawyer Association. Altogether, from the advocate clerks and advocate associations supporting staff, there are 859 persons need financial support at least to stay in their work since they depend upon the Court regular functioning. (l) During the discussion, Mr. Ramprasad, Co-trustee of RSRM trust, kind heartily come forwarded to donate a sum of Rs.1,500/- each person from the accumulation of funds from the RSRM trust estate for the accumulation years 2016-17 and 2017-18. Though the clerk associations representative requested by writing to help their members and during the course of meeting they orally requested to help them by adequate cash and amount be transferred to individual bank account by NEFT. It will reach each member directly without any difficulty. Finally, they appeal to the AG & OT that a sum of Rs. 5,000/- for each member may be donated considering the long duration of lockdown, which continues. It will reach each member directly without any difficulty. Finally, they appeal to the AG & OT that a sum of Rs. 5,000/- for each member may be donated considering the long duration of lockdown, which continues. They also stated that considering the COVID-19 pandemic, as they requested the Hon’ble Judges of the High Court and their Lordship have kind heartedly ordered the cost on the judicial side to be deposited to the clerks association. Out of that order both the clerk association members were paid a reasonable amount for their survival. Further the other Hon’ble Judges also informed them, as stated by the representatives, that the High Court will pass an appropriate order of cost to be paid to the clerk associations to meet out the unprecedented COVID-19 pandemic by way of relief. (m) The Co-Trustee Mr.Ramprasad has given a letter dated 19.08.2020 to fulfill his word subject to permission of this Hon’ble Court to donate Rs.1,500/- to each person from and out of the accumulation of funds from the Trust Estate of RSRM for the accumulation of FY 2016-17 & 2017-18. (n) Apart from the RSRM Trust, there are other major trust estates under the control of AG & OT. These trust estates have accumulation of funds for the FY 2016-17 onwards. Considering the pathetic and unprecedented situation prevailing over the country, particularly the affected state is Tamil Nadu and more particularly the Chennai city. The AG & OT is of the firm view that the each members of the advocate clerk associations may be provided a sum of Rs.5,000/- at least to safeguard their life to a minimum extent considering their service is also part and parcel of justice dispensation to the consumer of justice. (o) The bank details of members of both the advocate clerk associations and the supporting staff of the advocate associations and clerk association have been filed in the typed set of papers. To meet out the donation to the total 859 members, a sum of Rs.42,95,000/- is required. As discussed above, after deduction of Rs.1,00,000/- to the Guru Pooja Vizha annadhanam donation from the accumulation of funds of Rs.6,11,798/- for FY 2016-17 from the trust estate of RSRM a sum of Rs.5,11,798/- is available to be spent it on or before FY 2021-22. From the same trust estate of RSRM the accumulation funds of FY 2017-18 a sum of Rs.10,12,105/- is available. From the same trust estate of RSRM the accumulation funds of FY 2017-18 a sum of Rs.10,12,105/- is available. The total accumulation of two financial years from the trust estate of RSRM comes to Rs.15,23,903/-. This amount may be utilized to donate to the advocate clerk association. In addition to that to meet out the remaining amount, of Rs.27,71,097, the AG & OT is of the view that the accumulation of funds from the another trust estates V.T.Chetty a sum of Rs.24,81,726/- and MKA Charities a sum of Rs.2,89,371/- is available for the accumulation of funds of FY 2016-17 from and out of the above said amount, Altogether a sum of Rs.42,95,000/- is accounted from the following Trust Estates. S. No. Donation Purpose Donation Purpose Amount in Rs Total amount in Rs. 1. Sri Kulacchirai Nayanar Guru Pooja Vizha Annadhanam RSRM [Accumulation funds of FY 2016-17] 1,00,000/- 1,00,000/- 2. Advocate Clerks Association COVID-19 relief RSRM [Accumulation funds of FY 2016- 17] [Accumulation funds of FY 2017- 18] 5,11,798/-10,12,105/- 42,95,000/- V.T.Chetty [Accumulation funds of FY 2016- 17] 24,81,726/- MKA Charities[Accumulation funds of FY 2016-17] 2,89,371/- (p) This application is filed in two fold, one for donation of Rs.1,00,000/- from the trust estate of RSRM to Sri Kulachirai Nayanar Guru Pooja Vizha Annadhanam to be held on 26.08.2020 from the accumulation of funds of the trust estate RSRM of FY 2016-17 from and out of Rs.6,11,798/- and another application is filed to donate a sum of Rs.5,000/- to each member of the Tamil Nadu Advocate Clerk Association and Madras High Court Advocate Clerk Welfare Association and also the supporting staff of the advocate association and clerk association as stated above, altogether, 859 persons which comes Rs.42,95,000/-from and out of the balance accumulation of funds of Rs.5,11,798/- for accumulation of FY 2016-17 and Rs.10,12,105/- from the accumulation of FY 2017-18 from the RSRM trust estate and Rs.24,81,726/- from the V.T.Chetty trust estate accumulation of funds of FY 2016-17 and Rs.2,89,371/- from MKA Charities trust estate accumulation of funds of FY 2016-17, altogether, Rs.42,95,000/-. Hence, these two applications filed in common. (q) By way of contributing money to the Guru Pooja Vizha for Annadhanam, advocate clerks to COVID-19 relief, the objective of the trust can be achieved i.e. poor feeding. The AG & OT further submits that from the Trust Estates, stated above, there is a clause for doing charities to the poor people. Hence, these two applications filed in common. (q) By way of contributing money to the Guru Pooja Vizha for Annadhanam, advocate clerks to COVID-19 relief, the objective of the trust can be achieved i.e. poor feeding. The AG & OT further submits that from the Trust Estates, stated above, there is a clause for doing charities to the poor people. The objects of the charities may be expanded to include within its ambit to donate funds for COVID-19 Pandemic which is useful for the needy poor people, by invoking the “doctrine of cypress’. The office of AG & OT may also be joined with the hands of helpers i.e. Advocate Associations to help the needy people. This is yet another right time to help needy people of advocate clerks. (r) The accumulation of funds from the year 2016-17 and 2017-18 Page No.11/15 from the above three trust estates as found in paras 15 & 16 may be spent on or before 31.03.2022 and 31.03.2023 respectively, otherwise income tax would be paid to that amount. 5. The learned A.G. & O.T. has also filed Additional Report, dated 24.08.2020, stating as follows: (a) When the typed set of papers, particularly in List No.1 related to the Tamil Nadu Advocate Clerks Association members List was read, the required data of Account Number, Bank Name and IFSC Code have not been found for 20 members. These are very essential to make payment through NEFT. In addition to that, there are four numbers which have been found in the list by jumbling of rows. Altogether, 24 members are found to be not correct. (b) In such circumstances, the Madras High Court Advocates Cooperative Society Limited (Canteen) staff of 21 persons list, had been collected from the then President of the Co-operative Society Mr.Diwakar, Advocate of this Court. The said list is filed as additional typed set of papers mentioning as List 7. (c) In the given circumstances, in the place of 24 members particulars not found in the List No.1, the Advocate Canteen Staff List of 21 members in List No.7 may be accommodated to benefit from and out of the already mentioned amount. 6. Hence, the above applications have been filed for the reliefs stated supra. 7. This Court heard the submissions made by the learned A.G. & O.T. and perused the materials available on record. 8. 6. Hence, the above applications have been filed for the reliefs stated supra. 7. This Court heard the submissions made by the learned A.G. & O.T. and perused the materials available on record. 8. Taking into consideration the above report and additional report submitted by the learned A.G. & O.T., and on a perusal of the same, this Court accepts both the above said report and additional report, and accordingly, both these applications are ordered as prayed for.