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2021 Supreme(Mad) 1097
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Subbiah, J.
The Administrator General and Official Trustee of Tamil Nadu, High Court Campus - Applicant
Application Nos.2034 to 2036 of 2021
Decided On : 02-06-2021
Advocate Appeared:
For the Applicant : Mr. P.Murugan, A.G. & O.T.
Headnote:
Constitution of India,1950 - Administrator General and Official Trustee - Rental and interest income - Maintenance to the beneficiaries, scholarship to students, salary to estate staff - Office of Administrator General and Official Trustee of Tamil Nadu had been administrating more than 150 Trust Estates. There are properties in the Trust Estates and rental income deriving from it are put it in fixed deposit - Out of rental and interest income O/o AG & OT has been doing charities, maintenance to beneficiaries, scholarship to students, salary to estate staff, making statutory charges to government, paying income tax, meeting other necessary expenses per 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 - Official Trustee of Tamil Nadu is administering one of Trust Estate of C.Kandasamy Naidu as per his last Will - Court granted letters of administration to the Official Trustee by its order - Trust Estates have various properties and fixed deposits. Out of the income generated from it the charities has been done as per intension of Testator and the orders of this Hon’ble Court - Trust Estates are residuary estates to the Pachaiyappa’s Trust, Chennai-30 where the remaining income on every year to be given to Pachaiyappa’s Trust for their charity – Held, Statues, idols work order and construction work could be commenced only after collection of quotation or estimation from the contractors and work may be completed between 3 and 6 months once COVID-19 lock down relaxation comes to effect - Place is not suitable to erect statue and Pachaiyappa’s Higher Secondary School, Chidambaram, Secretary of Pachaiyappa’s Trust is given an option to choose another place in another Primary School - High Court AG & OT has donated some amount to renovate the said temple - It is a very old Sivan Temple of more than 1500 years - He has been developing the said temple since 10 years - He has much exposure about the Agama Vidhis about Saivaite Temple and has been helping the other Siva Temples in and around Chennai - He has very good contact of Siddhar, Sivanadiyar and Anmeega Gurukkal. His service about the temple plan, estimation - Secretary, Pachaiyappa’s Trust shall have to consult with Mr.D.Rajagopal, Administrator of Arulmigu Sri Anandavalli Udanurai Kailasanathar Temple, Tharappakkam, Porur, Chennai and his address is at No.1, 3rd street, D-G, Sai Jyothi Flat, Satyavathi Nagar, Officer’s Colony, Padi, Chennai-50, Phone Nos. and panel advocate to both O/o AG & OT and Pachaiyappa’s Trust, having office at No.3 Law Chambers, High Court of Madras - Secretary shall have to consult and get views of Estate Officer of Pachaiyappa’s Trust for execution of work and then appraise the matter to AG & OT in a periodical manner and followed by submit a work progress report in writing on monthly basis with photograph - Shortage of funds for any one of works, if any surplus amount from other work may be adjusted to the shortage of fund - Amount goes higher than total amount donated additional donation would not be given by AG & OT - Secretary, Pachaiyappa’s Trust has to meet out additional amount - Applications are ordered as prayed for – Ordered Accordingly
ORDER :
These three applications are filed for the following reliefs :
(a) Application No.2034 of 2021 is filed praying to permit the A.G. & O.T. to donate Rs.16,00,000/- from the accumulated funds of FY 2017-2018 from the Trust Estate of V.T.Chetty to the Secretary, Pachaiyappa's Trust, Chennai-30 to erect the statue of Vallal C.Pachaiyappar and construct Manimandapam inside the premises of Pachaiyappa's Branch Secondary School, Kanchipuram and Pachaiyappa's Higher Secondary School, Chidambaram.
(b) Application No.2035 of 2021 is filed praying to permit the A.G. & O.T. to donate Rs.14,00,000/- from the accumulated funds of FY 2018-19 from the Trust Estate of C.K.Naidu to the Secretary, Pachaiyappa's Trust, Chennai-30 to erect the statue of Vallal C.Kandasamy Naidu and construct Manimandapam insde the premises of C.Kandasamy Naidu College for Men, Chennai and C.Kandasamy Naidu College for Women, Cuddalore.
(c) Application No.2036 of 2021 is filed praying to permit the A.G. & O.T. to donate Rs.20,00,000/- from the accumulated funds of FY 2019-20 from the Trust Estate of N.V.Ammal to the Secretary, Pachaiyappa's Trust, Chennai-30 to construct Sivan Temple in the Vallal Pachaiyappa's Trust land at Andarmullippallam Village and Post, Cuddalore Taluk and District.
2. The learned A.G. & O.T. has filed a report, dated 21.05.2021 stating as follows :
(a) The office of the Administrator General and Official Trustee of Tamil Nadu [AG & OT] had been administrating more than 150 Trust Estates. There are properties in the Trust Estates and rental income deriving from it are put it in fixed deposit. 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 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) The Official Trustee of Tamil Nadu is administering one of the Trust Estate of C.Kandasamy Naidu as per his last Will dated 21.05.1948. This Court granted letters of administration to the Official Trustee by its order dated 05.10.1948 in O.P.No.278 of 1948.
(c) The Testator namely, V.Thiruvengadathan Chetty appointed the Official Trustee of Tamil Nadu to be the Executor and Trustee of his Will dated 29.11.1941. Probate was granted to the Administrator General of Tamil Nadu in O.P.No.109 of 1942. Subsequently the Estate of Rao Bahadur V.Thiruvengadathan Chetty has been transferred to the office of the Official Trustee of Tamil Nadu as per the order dated 07.04.1977 in Application No.942 of 1977 in O.P.No.109 of 1942.
(d) The Trust Estate of N.Visalakshi Ammal is under the administration of the Official Trustee of Tamil Nadu as per Scheme Decree dated 22.02.1915 in C.S. No. 363 of 1912.
(e) These Trust Estates have various properties and fixed deposits. Out of the income generated from it the charities has been done as per the intension of the Testator and the orders of this Hon’ble Court. These three Trust Estates are residuary estates to the Pachaiyappa’s Trust, Chennai-30 where the remaining income on every year to be given to Pachaiyappa’s Trust for their charity.
(f) As per the judgment of the Division Bench of this Court, dated 23.12.2020 in O.S.A.No.346 of 2019 Batch, the Administrator General and Official Trustee of Tamil Nadu has been appointed as Administrator of Pachaiyappa’s Trust to administer its properties and institutions. The AG & OT has assumed charge of the Administrator of Pachaiyappa’s Trust on 08.01.2021.
(g) So far, the AG & OT has inspected some of the properties in Chennai, Cuddalore, Sirkazhi and Thiruvaiyaru. In addition to that the AG & OT has inspected five schools and four colleges in Chennai, Kancheepuram, Cuddalore and Chidambaram.
(h) During his inspection, the Principals o
