Administrator General and Official Trustee of Tamil Nadu, High Court Campus v. .
2021-06-03
R.SUBBIAH
body2021
DigiLaw.ai
ORDER : These applications are filed for the following reliefs: (a) Application No.2065 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.15,00,000/- from the accumulation funds of "Kadappakkam Charities" Trust Estate of FY 2016-2017 to Ramakrishna Mutt, No.1, Raja Aranmanai Mele Street, Ramanathapuram-623 501. (b) Application No.2066 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.5,00,000/- from the accumulation funds of "Kadappakkam Charities" Trust Estate of FY 2016-2017 to Vivekananda Desiya Arakkattalai, Vivekananda Nagar, Pillayr Koil Street, Karuvantha, V.K.Pudur Taluk, Tenkasi-627 860. (c) Application No.2067 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.5,00,000/- from the accumulation funds of "Kadappakkam Charities" Trust Estate of FY 2016-2017 to Chitralaya Seva Trust, Vishnupuram, Chitharal, Kanyakumari-629 151. (d) Application No.2068 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.3,00,000/- from the accumulation funds of "Kadappakkam Charities" Trust Estate of FY 2016-2017 to Annai Theresa Podhunala Arakkattalai, 61A, Thiruvalluvar Street, Tirunelveli-627 006. (e) Application No.2069 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.5,00,000/- from the accumulation funds of "Kadappakkam Charities" Trust Estate of FY 2016-2017 to Arasan Rural Development Society, Sarvodhaya Sangh Buildings, Ins Kattabomman Road, Nanguneri, Tirunelveli-627 108. (f) Application No.2070 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.5,00,000/- from the accumulation funds of "MOPL Trust Estate" of FY 2016-2017 to Gandhigram Trust--Avvai Ashram, Sivasailam, Alwarkurichi, Tirunelveli-627 412.
(g) Application No.2071 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.2,50,000/- from the accumulation funds of "MOPL Trust Estate" of FY 2016-2017 to R Soya Trust, Near Water Tank, Kurukkuthurai, Tirunelveli-627 001. (h) Application No.2072 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.2,50,000/- from the accumulation funds of "MOPL Trust Estate" of FY 2016-2017 to Inbam Foundation, MPNS Complex, Near State Bank of India, Kairapatti, Virudhunagar-626 106. (i) Application No.2073 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.2,00,000/- from the accumulation funds of "Ponnambalam Pillai" Trust Estate of FY 2016-2017 to HOPE Foundation, No.16-CColony, 9th Cross Street, Perumalpuram, Palayamkottai, Tirunelvei-627 007. (j) Application No.2074 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.2,00,000/- from the accumulation funds of "Ponnambalam Pillai" Trust Estate of FY 2016-2017 to Thozhamai Illam, Ithaya Jyothi Campus, Caussanel Nagar, Konganthanparai (PO), Tirunelveli-627 007. (k) Application No.2075 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.2,00,000/- from the accumulation funds of "Ponnambalam Pillai" Trust Estate of FY 2016-2017 to Pazhankudi Erular Education Trust, 334-F, Vedavalliammal Arakkattalai Valagam, Poonthotta Theru, Neeruveethi, Tindivanam, Villupuram-604 101. (l) Application No.2076 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.5,00,000/- from the accumulation funds of "PR Chetty" Trust Estate of FY 2016-2017 to Little Hearts Society, Plot No.13, Velu Street, Kudumiyandi Thopu, Panayur, Chennai-600 119.
(m) Application No.2077 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate Rs.50,000/- from the accumulation funds of "PR Chetty" Trust Estate of FY 2016-2017 to Mahatma Gandhi Library, No.88/13, Karaneeswarer Koil Street, Saidapet, Chennai-600 015. (n) Application No.2078 of 2021 filed and Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustees Act 11 of 1913 praying to permit the AG & OT to donate a periodical payment of Rs.5,000/- every month from MOPL Charities to Agal Foundation, No.74/55, South Mada Street, Thiruvanmiyur, Chennai-600 041, with effect from the date of this order. 2. The learned A.G. & O.T. had filed a report dated 02.06.2021, stating as follows: (a) The Administrator General and Official Trustee of Tamil Nadu [AG & OT] submits that the office of the Administrator General and Official Trustee has been administrating more than 150 Trust Estates. There are properties to Trust Estates and rental income deriving from it are put it in fixed deposit. Out of the rental and interest income on fixed deposit 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 the Hon’ble High Court donation by way of things, articles and medical machines etc. have been given to the NGOs and other institutions based on their request. (b) From the accumulation of funds for FY 2016-2017, it has to be spent it within five years before FY 2021-2022. As of now from the four trust estates of Kadappakkam, MOPL, Ponnambalam Pillai and PR Chetty the available accumulation of funds may be donated to the various NGOs, where they have been requesting for donation due to COVID-19 crisis. (c) The Official Trustee had been appointed as the sole Trustee of the properties of the Trust Estate of Kadappakkam Charities vide a Scheme Decree dated 22.11.1934 in C.S.No. 200 of 1930 and thus the Trust Estate of Kadappakkam Charities is under the administration of the Official Trustee of Tamil Nadu.
(c) The Official Trustee had been appointed as the sole Trustee of the properties of the Trust Estate of Kadappakkam Charities vide a Scheme Decree dated 22.11.1934 in C.S.No. 200 of 1930 and thus the Trust Estate of Kadappakkam Charities is under the administration of the Official Trustee of Tamil Nadu. The Office of the Official Trustee of Tamil Nadu is administering the Trust Estate of Madras Ordinance Pensioned Luscars Charities as per the Scheme Decree of the Hon’ble High Court of Madras in C.S.No.177 of 1939 dated 01.08.1941 and performing the charities contained in the Scheme Decree. (d) The Trust Estate of Ponnambalam Pillai, which is being administered by the Official Trustee of Tamil Nadu as per Scheme Decree dated 22.02.1915 in C.S.No.363 of 1912. The Trust Estate of Pettukola Rajamannar Chetty is being administered by the Office of the Administrator General and Official Trustee of Tamil Nadu as per the scheme decree framed by this Hon’ble Court dated 05.04.1923 in O.S.No. 1132/1921 based on the Will of the Testator. (e) The following NGOs have been made request to the AG & OT in different dates for the different aspects of charities. Brief details of the same are given in a Tabular Column: No. NGO Name & Address Year of Establishment Main Object Request received on 1. Ramakrishna Mutt, No.1, Raja Aranmanai Mele street, Ramanathapuram 623 501. 1897 Rural Development Program, Coaching Classes, Tailoring Course and Mobile Medical Service 16.10.2020 2. Vivekananda Desiya Arakkattalai, Vivekananda Nagar, Pillayar Koil Street, Karuvantha, V.K. Pudur Taluk, Tenkasi 627 860. 2000 School education for poor, Construction of School, Library etc. 20.10.2020 3. Chitralaya Seva Trust, Vishnupuram, Chitharal, Kanyakumari 629 151 2000 Orphanage for children and education 28.10.2020 4. Annai Theresa Podhunala Arakkattalai, 61A, Thiruvalluvar Street, Tirunelveli 627 006 22.12.2020 5. Arasan Rural Development Society, Sarvodhaya Sangh Buildings, Ins Kattabomman Road, Nanguneri, Tirunelveli 627 108. 2004 Old Age Home 12.12.2020 6. Gandhigram Trust – Avvai Ashram, Sivasailam, Alwarkurichi, Tirunelveli 627 412. 1954 Education for Poor 19.12.2020 7. R Soya Trust, Near water tank, Kurukkuthurai, Tirunelveli 627 001 2003 Orphanage for Poor 18.12.2020 8. Inbam Foundation, MPNS Complex, Near State Bank of India, Kariapatti, Virudhunagar 626 106. 2019 Poor Feeding 28.12.2020 9. HOPE Foundation, No.16-CColony, 9th cross street, Perumalpuram, Palayamkottai, Tirunelveli 627 007. 1991 HIV Positive Children 24.11.2020 10. Thozhamai Illam, Ithaya Jyothi Campus, Caussanel Nagar, Konganthanparai (PO), Tirunelveli 627 007.
Inbam Foundation, MPNS Complex, Near State Bank of India, Kariapatti, Virudhunagar 626 106. 2019 Poor Feeding 28.12.2020 9. HOPE Foundation, No.16-CColony, 9th cross street, Perumalpuram, Palayamkottai, Tirunelveli 627 007. 1991 HIV Positive Children 24.11.2020 10. Thozhamai Illam, Ithaya Jyothi Campus, Caussanel Nagar, Konganthanparai (PO), Tirunelveli 627 007. 2009 HIV Positive Children 11.11.2020 11. Pazhankudi Erular Education Trust, 334-F, Vedavalliammal Arakkattalai Valagam, Poonthotta Theru, Neeruveethi, Tindivanam, Villuppuram 604 101. 2007 Education for Erular Community- ST 14.12.2020 12. Little Hearts Society, Plot No.13, Velu Street, Kudumiyandi Thopu, Panayur, Chennai 600 119. 1996 Home for Mentally Challenged Children and Special Education 04.09.2020 13. Mahatma Gandhi Library, No.88/13, Karaneeswarer Koil Street, Saidapet, Chennai 600 015. 1952 Library and General Knowledge to the Public – Old book binding expenses. 23.04.2021 14. Agal Foundation, No.74/55, South Mada street, Thiruvanmiyur, Chennai 600 041. 2020 Rescue Operation of neglected person found in the streets, platform and public places – Monthly periodical payment 02.06.2021 (f) The person in charge of Mahatma Gandhi Library Mr. M.Nithiyanandam stated that about 1300 old books are required for rebinding. Due to passage of time the original binding got damaged. The binding charges for each book would be between Rs.35/- and Rs.40/- depending upon the size of book. For 1300 books they required minimum Rs.50,000/- for re-binding. Therefore, the said amount may be donated from PR Chetty Trust Estate. (g) One Agal Foundation Public Charitable Trust, NGO, has made a request on 02.08.2020 for donation of a vehicle for rescue operation. On the report filed by the AG & OT in A.Nos. 1974 & 1975 of 2020 order dated 11.09.2020 of this Hon’ble Court, a Maruthi Suzhuki Eco vehicle was donated to them. They have been doing resque operation in an appreciable way. Then and there they are reporting the same to the O/o AG & OT. Now, they made a further request dated 02.06.2021 to help them by periodical payment to reach the rescue operation in a better way. Out of COVID-19 crisis they are in shortage of donation to meet out the day-to-day petrol, driver batta, first aid kit expenses for rescue operation. Since the vehicle donated, so far they are safeguarded 92 person’s life after following the COVID-19 protocol.
Out of COVID-19 crisis they are in shortage of donation to meet out the day-to-day petrol, driver batta, first aid kit expenses for rescue operation. Since the vehicle donated, so far they are safeguarded 92 person’s life after following the COVID-19 protocol. Considering their request the AG & OT suggested to make periodical payments of Rs.5,000/- per month to the Agal Foundation Charitable Trust from the MOPL Trust Estate with effect from the date of order. (h) It is usual practice that whenever request have been received for charity, after inspection of the said institution the AG & OT may file an application on the judicial side for seeking permission for donation. The above referred request applications have been received from across the state in different places during the COVID-19 pandemic crisis and lockdown. Further it is also in usual practice that the donation payment normally be paid in the name of supplier or vendor as the case may be. The above referred NGOs, after submitting their requests, have been frequently calling the office of AG & OT to help them at least to come over the COVID-19 financial crisis. (i) Since lockdown is still continuing the AG & OT may not be in a position to inspect all the institutions. The AG & OT has inspected few institutions. AG & OT has gathered reliable information through known sources about the other institutions and also directly contacted the Managing Trustee / Trustee / Secretary of those Trusts. Based on their input the AG & OT is of the firm suggestion considering the COVID-19 second wave pandemic and the service rendered by the NGOs to take care of the poor and neglected people it is right time that the AG & OT may also be joined with them at least by making cash donation in the name of NGOs and they will do the charities to the deserved people in their area. (j) From the accumulation of funds from above four trust estates under the administration of AG & OT, the AG & OT propose the amount to be donated to the NGOs depending upon their service in the long years, size of institution and annual financial capacity and the same may be considered by this Court. No. NGO Name Donation may be given from the Trust Estate of Accumulated funds of FY 2016-2017 Proposed Donation Amount in Rs. 1.
No. NGO Name Donation may be given from the Trust Estate of Accumulated funds of FY 2016-2017 Proposed Donation Amount in Rs. 1. Ramakrishna Mutt Kadappakkam Charities 15,00,000/- 2. Vivekananda Desiya Arakkattalai Kadappakkam Charities 5,00,000/- 3. Chitralaya Seva Trust Kadappakkam Charities 5,00,000/- 4. Annai Theresa Podhunala Arakkattalai Kadappakkam Charities 3,00,000/- 5. Arasan Rural Development Society Kadappakkam Charities 5,00,000/- 6. Gandhigram Trust – Avvai Ashram MOPL 5,00,000/- 7. R Soya Trust MOPL 2,50,000/- 8. Inbam Foundation MOPL 2,50,000/- 9. HOPE Foundation Ponnambalam Pillai 2,00,000/- 10. Thozhamai Illam Ponnambalam Pillai 2,00,000/- 11. Pazhankudi Erular Education Trust Ponnambalam Pillai 12. Little Hearts Society PR Chetty 5,00,000/- 13. Mahatma Gandhi Library PR Chetty 50,000/- 14. Agal Foundation MOPL Monthly Periodical Payment of Rs.5,000/- (k) The main object of the above four Trust Estates is to help the poor in need in different aspects. Since, the above referred NGOs are doing their jobs to the public cause and through their service the intention of the Testators would be fulfilled. By way of “doctrine of Cypress” this Hon’ble Court has power to expand the object of the trusts vested with the AG & OT to fulfillment the object of the NGOs by making cash donation to help the poor during COVID-19 crisis. This is one time donation to the first 13 NGOs and monthly periodical payment to the last NGO of Rs.5,000/- per month. (l) Before making donation payment the NGOs should have been called to submit advance stamp receipt [ASR] for the payment is made by the AG & OT and budget for the expenditure. The NGOs should have to submit utility certificate and name and address of beneficiaries with their signature, if possible cases, within a period of two to three months from the date of receipt of donation. Hence, these applications are filed for the reliefs stated supra. 3. This Court heard the submissions made by the learned A.G .& O.T. and perused the materials available on record. 4. Taking into consideration the above report submitted by the learned A.G. & O.T., and on a perusal of the same, this Court accepts the above said report of the learned A.G. & O.T. Accordingly, this application is ordered as prayed for.