Order dated 02.06.2021 in

Appln.No.2030 of 2021 in C.S.No.15 of 1967

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 02.06.2021

Coram:

THE HONOURABLE MR.JUSTICE R.SUBBIAH

Application No.2030 of 2021

in

C.S.No.15 of 1967

Official Trustee of Tamil Nadu,

High Court Campus,

Chennai-600 104.

.. Applicant

Application filed and Judge's Summons issued under Order XIV Rule

8 of the Original Side Rules of this Court and under Section 25 of the

Official Trustees Act 11 of 1913, praying to permit the Official Trustee to

utilise Rs.14,990/- from the accumulated funds for FY 2016-2017 of

"M.M.Ispahani Trust" for purchasing a Mobile Vivo Y20G from the

quotation of New Singapore Cell Park, No.197, NSC Bose Road, Chennai-

600 001 to donate it to the blind person Advocate Mr.R.M.D.Nasrullah.

For applicant : Mr.P.Murugan, A.G. & O.T.

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Order dated 02.06.2021 in

Appln.No.2030 of 2021 in C.S.No.15 of 1967

ORDER

This application is filed praying to permit the Official Trustee to

utilise Rs.14,990/- from the accumulated funds for FY 2016-2017 of

"M.M.Ispahani Trust" for purchasing a Mobile Vivo Y20G from the

quotation of New Singapore Cell Park, No.197, NSC Bose Road, Chennai-

600 001 to donate it to the blind person Advocate Mr.R.M.D.Nasrullah.

2. The learned A.G. & O.T. had filed a report, dated 31.05.2021,

stating as follows:

(a) The office of the Administrator General and Official Trustee of

Tamil Nadu [AG & OT] has 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

Office of the 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 machines etc. have been given to the

NGOs and other institutions based on their request.

(b) The administration of “Hajee Mehdi Ispahani Charities” is

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Order dated 02.06.2021 in

Appln.No.2030 of 2021 in C.S.No.15 of 1967

governed by a Scheme Decree dated 21.02.1972 in C.S.No.15 of 1967 on

the file of this Court. The Official Trustee of Tamil Nadu is the custodian of

the properties and as such the office of the Administrator General and

Official Trustee of Tamil Nadu is administering the Trust Estate of MM

Ispahani as per the order of this Court.

(c) The object of the Trust Estate of M.M.Isphahani reveals that to

spend the income realized from the properties of the charities for education

and medical help of poor deserving Shia Muslims. The Schedule-B para 2

of the said Scheme Decree dated 21.02.1972 is as follows:

“2. The objects of the charities are to spend the

income realised from the properties of the charities for

purposes enumerated in Clause 8 of this scheme and for

education and medical help of poor deserving Shia

Muslims”.

(d) One Mr.R.M.D.Nasrullah, Advocate, Enrolment No.33/2001,

Madras High Court Advocates Association, Chennai -104, has given a letter

dated 19.04.2021 stating that he is a visually challenged practising

Advocate in this Court since February, 2002 and he is a panel advocate in

the Office of the AG & OT and fulfilling of his responsibility entrusted to

him. He further requested for Voice library through smart phone which is

very useful for the blind person to gather up-to-date judicial decisions and

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Order dated 02.06.2021 in

Appln.No.2030 of 2021 in C.S.No.15 of 1967

any such other enactments without depending on others.

(e) After interaction with the said person it reveals that his request to

provide the Vo