Madras High Court
The Official Trustee Of Tamil Nadu vs Unknown on 23 April, 2021
Author: R.Subbiah
Bench: R.Subbiah
Order dated 23.04.2021
in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.04.2021
Coram:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
Application Nos.1803 to 1808 of 2021
in
C.S.No.204 of 1940
In the matter of The Mylai Kandappa
Chetty and Arunachala Chetty Trusts and Charities
The Official Trustee of Tamil Nadu,
High Court Campus, Chennai-104.
.. Applicant in all the applications
Applications 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:
(a) A.No.1803 of 2021: permit the Official Trustee of Tamil Nadu to
utilise Rs.24,990/- from the accumulation of funds of MKA Charities of the
Financial Year 2016-2017 for purchasing Laptop from the lowest quotation
of Sri Lakshmi System Products, No.9-A, Periyar Road, T.Nagar, Chennai-
600 017, to donate the said Laptop to Gnanadarshan Seva Foundation For
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Order dated 23.04.2021
in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940
the Disabled, New No.3, Old No.2, Kamber Street, Metha Nagar,
Aminjikarai, Chennai-600 029.
(b) A.No.1804 of 2021 : permit the Official Trustee of Tamil Nadu to
utilise Rs.17,200/- from the accumulation of funds of MKA Charities of
Financial year 2016-17 for purchasing Computer system from the lowest
quotation of Sunrise Computers, Old No.11, New No.32, Narasingapuram
Street, 1st Floor, Nakoda Complex, Chennai-600 002 to donate the said
computer system to Gnanadarshan Seva Foundation for the Disabled, New
No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai.
(c) A.No.1805 of 2021 : permit the Official Trustee of Tamil Nadu to
utilise Rs.1,84,982/- from the accumulation of funds of MKA Charities for
Financial Year 2016-17 for purchasing Braille Books from the quotation of
Ramakrishna Mission Vivekananda Educational and Research Institute,
SRKV Post, Periyanaickenpalayam, Coimbatore, Tamil nadu 641 020 to
donate the said Braille books to Gnanadharshan Seva Foundation for the
Disabled, New No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai,
Chennai-600 029.
(d) A.No.1806 of 2021 : permit the Official Trustee of Tamil Nadu to
utilise Rs.40,000/- from the accumulation of funds of MKA Charities of
Financial Year 2016-2017 for purchasing 50 bags of 25 Kg. Rice, from the
supplier of Singarajan Online Rice Store, No.164/1, G.N.T.Road, Redhills,
Chennai-600 052 to donate said rice to Gnanadarshan Seva Foundation for
the Disabled, New No.3, Old No.2, Kamber Street, Metha Nagar,
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Order dated 23.04.2021
in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940
Aminjikarai, Chennai-600 029.
(e) A.No.1807 of 2021 : permit the Official Trustee of Tamil Nadu to
utilise Rs.41,300/- from the accumulation of funds of MKA Charities of
Financial year 2016-2017 for purchasing five cupboards from the quotation
of Dhanush Furnitures, Old No.161, New No.62, Nelson Manickam Road,
Choolaimedu, Chennai-600 094 to donate the said cupboards to
Gnanadarshan Seva Foundation for the Disabled, New No.3, Old No.2,
Kamber Street, Metha Nagar, Aminjikarai, Chennai-600029.
(f) A.No.1808 of 2021 : permit the Official Trustee of Tamil Nadu to
utilise Rs.5,08,013/- from the accumulation of funds of MKA Charities of
Financial Year 2016-2017 for purchasing a four-wheeler vehicle of Maruti
Suzuki EECO SST A/C BS6 2021 model from the lowest quotation of
Khivraj Motors Private Limited, No.623, Anna Salai, Chennai-600 006 to
donate the said vehicle to Gnanadarshan Seva Foundation for the Disabled,
New No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai, Chennai-
600 029.
For applicant : Mrs.N.Rajalakshmi, Deputy A.G. & O.T.
---
COMMON ORDER
These applications are filed to:
(a) A.No.1803 of 2021: permit the Official Trustee of Tamil Nadu to utilise Rs.24,990/- from the accumulation of funds of MKA Charities of the Page No.3/13 http://www.judis.nic.in Order dated 23.04.2021 in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940 Financial Year 2016-2017 for purchasing Laptop from the lowest quotation of Sri Lakshmi System Products, No.9-A, Periyar Road, T.Nagar, Chennai-
600 017, to donate the said Laptop to Gnanadarshan Seva Foundation For the Disabled, New No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai, Chennai-600 029.
(b) A.No.1804 of 2021 : permit the Official Trustee of Tamil Nadu to utilise Rs.17,200/- from the accumulation of funds of MKA Charities of Financial year 2016-17 for purchasing Computer system from the lowest quotation of Sunrise Computers, Old No.11, New No.32, Narasingapuram Street, 1st Floor, Nakoda Complex, Chennai-600 002 to donate the said computer system to Gnanadarshan Seva Foundation for the Disabled, New No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai.
(c) A.No.1805 of 2021 : permit the Official Trustee of Tamil Nadu to utilise Rs.1,84,982/- from the accumulation of funds of MKA Charities for Financial Year 2016-17 for purchasing Braille Books from the quotation of Ramakrishna Mission Vivekananda Educational and Research Institute, SRKV Post, Periyanaickenpalayam, Coimbatore, Tamil nadu 641 020 to donate the said Braille books to Gnanadharshan Seva Foundation for the Disabled, New No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai, Chennai-600 029.
(d) A.No.1806 of 2021 : permit the Official Trustee of Tamil Nadu to utilise Rs.40,000/- from the accumulation of funds of MKA Charities of Financial Year 2016-2017 for purchasing 50 bags of 25 Kg. Rice, from the Page No.4/13 http://www.judis.nic.in Order dated 23.04.2021 in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940 supplier of Singarajan Online Rice Store, No.164/1, G.N.T.Road, Redhills, Chennai-600 052 to donate said rice to Gnanadarshan Seva Foundation for the Disabled, New No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai, Chennai-600 029.
(e) A.No.1807 of 2021 : permit the Official Trustee of Tamil Nadu to utilise Rs.41,300/- from the accumulation of funds of MKA Charities of Financial year 2016-2017 for purchasing five cupboards from the quotation of Dhanush Furnitures, Old No.161, New No.62, Nelson Manickam Road, Choolaimedu, Chennai-600 094 to donate the said cupboards to Gnanadarshan Seva Foundation for the Disabled, New No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai, Chennai-600029.
(f) A.No.1808 of 2021 : permit the Official Trustee of Tamil Nadu to utilise Rs.5,08,013/- from the accumulation of funds of MKA Charities of Financial Year 2016-2017 for purchasing a four-wheeler vehicle of Maruti Suzuki EECO SST A/C BS6 2021 model from the lowest quotation of Khivraj Motors Private Limited, No.623, Anna Salai, Chennai-600 006 to donate the said vehicle to Gnanadarshan Seva Foundation for the Disabled, New No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai, Chennai- 600 029.
2. The learned Official Trustee of Tamil Nadu has filed a report dated Page No.5/13 http://www.judis.nic.in Order dated 23.04.2021 in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940 17.04.2021 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 administration of “Mylai Kandappa Chetty and Arunachala Chetty Trusts and Charities” is governed by a Scheme settled by the High Court dt.25.02.1942, in C.S.No.204 of 1940. The Trust Estate of MKA Charities has various properties and fixed deposits. Out of the income generated from it the charities has been done as per the intention of the Testator and the orders of this Court.
(c) One Mr.C.Sundaresan, visually impaired person, Founder of Page No.6/13 http://www.judis.nic.in Order dated 23.04.2021 in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940 Gnanadarshan Seva foundation for the disabled, at New No.3, Old No.2, Kamber Street, Metha Nagar, Aminjikarai, Chennai 600 029, a NGO, working for the upliftment visually challenged women, has given a letter dated 08.04.2021, stating that more than 500 visually challenged women have stayed in the Home and benefited from various programs organized by the foundation and quite a few have secured respectable jobs including positions in Government institutes. He further states that every year, Gnanadharshan Seva Foundation helps economically backward visually challenged women desirous of higher education through the admission process at various colleges. Apart from these students, several visually challenged women studying in various colleges in Chennai city reside at Gnanadharshan until their education is completed. All these women are provided with food, hostel facilities and transportation absolutely free. The Founder also enclosed the statement need, quotation and all official documents with that letter
(d) He requested the Official Trustee to sponsor a four wheeler for their institution for mobile library which will be hugely benefited towards serving the under privileged differently-abled students studies. They require Page No.7/13 http://www.judis.nic.in Order dated 23.04.2021 in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940 a Maruti Suzuki EECO SST A/C BS6 2021 model four wheeler which is spacious to accommodate more books for the mobile library. They also requested for Braille books and cupboards as they have a proposal to convert the TNPSC competitive exam books in Braille for students. These Braille books will be useful for all the blind students in Tamil Nadu for their studies. They also have an appeal for provisions, groceries and toilet items for the blind girls.
(e) The Official Trustee has inspected the centre at Metha Nagar, Aminjikarai, Chennai. Its maintenance is good and neat. The Official Trustee has interacted the inmates also. During that time, they also requested to provide one Desktop computer and Laptop for their study and training in the hostel/centre. From the documents submitted by M/s.Gnanadharshan Seva Foundation for the Disabled and interaction with its Founder, it reveals that their request to provide any four wheeler vehicle to utilize for their organization is a genuine one. They stated that they would use the vehicle only for the purpose stated above and not for any personal use. Once, vehicle is given, they have to take care of the vehicle at their own, fuel expenditure, maintenance and future insurance etc. The Braille books Page No.8/13 http://www.judis.nic.in Order dated 23.04.2021 in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940 also very useful for the Blind students who appearing TNPSC competitive exams for their job opportunities. The cupboards are essential to store the books and registers. The Rice for the blind students will also fulfil their basic needs. The computer and laptop are also very useful for their studies.
(f) The quotations were called for from various institutions to donate to Gnanadharshan Seva Foundation for the Disabled, out of which, the lowest quotation was received from the dealers, namely, Khivraj Motors Private Limited, No.623, Anna Salai, Chennai 600 006 for Car, the Braille books and the quotation is unique one and it may be accepted to purchase from Ramakrishna Mission Vivekananda educational and Research Institute, SRKV Post, Periyanaickenpalayam, Coimbatore, Tamil Nadu 641 020. The lowest quotations are as follows:
(i) From the dealer, namely Khivraj Motors Private Limited, No.623, Anna Salai, Chennai-600 006, for car,
(ii) the Braille Books quotation is unique one and it may be accepted to purchase from Ramakrishna Mission Vivekananda Educational and Research Institute, SRKV Post, Periyanaickenpalayam, Coimbatore, Tamil Nadu-641 020, Page No.9/13 http://www.judis.nic.in Order dated 23.04.2021 in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940
(iii) for cupboards received from the dealer Dhanush Furnitures, Old No.161, New No.62, Nelson Manickam Road, Choolaimedu, Chennai-600 094;
(iv) for computer received from the dealer Sunrise Computers, Old No.11, New No.32, Narasingapuram Street, Ist Floor, Nakoda Complex, Chennai-600 002;
(v) for the laptop, may be purchased from the dealer Sri Lakshmi System Products, No.9-A, Periyar Road, T.Nagar, Chennai-600 017, and
(vi) for rice from Singarajan Online Rice Store, which is reasonable, as already purchased from them recently for other charity purpose;
(g) The cost of the above mentioned equipments and products may be meted out from the MKA Charities Trust Estate accumulated funds of FY 2016-17. The Official Trustee further submits that the following table will provide the expected cost for the above mentioned Vehicle, Braille books Cupboard, Computer, Laptop and Rice which are all to be meted out from the Trust estate of MKA Charities Accumulated funds of FY 2016-17:
1. Maruti Suzuki EECO SST A/C BS6 2021 model four wheeler:- Page No.10/13
http://www.judis.nic.in Order dated 23.04.2021 in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940
- Rs.5,08,013/-
2. Braille Books - Rs.1,84,982/-
3. Cupboard - Rs.41,300/-
4. Computer - Rs.17,200/-
5. Laptop - Rs.24,990/-
6. Rice - Rs.40,000/-
=========== Total Rs.8,16,485/-
===========
(h) In the Trust Estate of MKA Charities, there is a clause in scheme decree for doing charities to the poor people. The objects of the charities may be expanded to include within its ambit to donate four-wheeler, braille books, cupboards, computer, laptop and rice to visually impaired students/women at Gnanadharshan Seva Foundation for the Disabled which is useful for the needy poor students and people by invoking the Doctrine of Cypress and the office of the Official Trustee may also join to help the needy people. Hence, the Official Trustee has filed the present application for the relief stated supra.
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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, these applications are ordered as prayed for.
23.04.2021 Speaking Order: Yes cs To The A.G. & O.T., High Court, Madras.
Page No.12/13http://www.judis.nic.in Order dated 23.04.2021 in A.Nos.1803 to 1808 of 2021 in C.S.No.204 of 1940 R.SUBBIAH, J cs A.Nos.1803 to1808 of 2021 in C.S.No.204 of 1940 23.04.2021 Page No.13/13 http://www.judis.nic.in