Madras High Court
R.Subbiah vs Unknown on 28 January, 1908
Application No.8846 of 2019 in C.S.No.90 of 1963 Application No.8846 of 2019 in C.S.No.90 of 1963 R.SUBBIAH, J The present application has been filed seeking permission to Administrator General and the Official Trustee for payment of Rs.1,00,000/- (Rupees One Lakh only) favouring ‘Akkur Sirappuli Nayanar Anadhana Committee’ Savings Bank A/c No.500101012054716, City Union Bank, Sembanorkoil Branch, Main Road, Sembanorkoil, Nagapattinam District - 609301, IFSC Code:CIUB000018, MICR Code : 609054004 from and out of the funds of Rajah Sir Ramaswamy Mudaliar Choultry Trust Estate.
2. In the affidavit in support of the application, it is stated that applicant's great grand father viz., Rajah Sir Ramaswamy Mudaliar, constructed Choultry for the convenience of Railway Passengers at No.3, E.V.R.Periyar High Road, Park Town, Chennai - 600003, opposite to Central Railway Station in the year 1898 with an object of giving free shelter and feeding the poor. Applicant's great grand father was running the Choultry and after his life time, applicant's ancestors were managing the affairs of the Choultry. In the Will dated 28.01.1908 executed by applicant's great grand father, provisions were 1/7 http://www.judis.nic.in Application No.8846 of 2019 in C.S.No.90 of 1963 made in respect of administration of the Trust. Applicant's father was managing the Trust from 1940 onwards. Subsequently, a suit in C.S.No.90 of 1963 was filed by the then Advocate General and a Scheme Decree was framed under judgment dated 18.08.1970, which was also confirmed by the Division Bench of this Court under judgment dated 14.06.1971 in O.S.A.No.55 of 1970. In and by the Scheme Decree dated 18.08.1970, settled in C.S.No.90 of 1963, the administration of the Trust is vested with the Official Trustee of Tamil Nadu. Since then, the Official Trustee is carrying on the administration.
3. It is further stated that the applicant was appointed as Co-Trustee of the Rajah Sir Ramaswamy Mudaliar Choultry Trust Estate, under judgment dated 05.06.2000 in O.S.A.Nos.66 and 67 of 2000. After his appointment as Co- trustee, applicant, as per the wishes of his ancestors, took steps to streamline the trust income form various tenants, build the corpus fund, appoint Gurukal to the Temple, conduct founder's day celebrations every year and other charities. While so, the ‘Akkur Sirappuli Nayanar Anadhana Committee’, registered No.150/2018, having office at No.1/228, Gandhi Veethi, Akkur, Nagapattinam District - 609301, has decided to celebrate ‘Aayirtoruvar 2/7 http://www.judis.nic.in Application No.8846 of 2019 in C.S.No.90 of 1963 Annadhana Peru Vizha’ & ‘Sirappuli Nayanar Guru Pooja Vizha’ at Sri Thanthondri Eswarar Temple, Akkur Village, Tranquebar Taluk, Nagapattinam District - 609301 and made a request to the Trust for grant of 50% of food expenses Rs.1,00,000/- on the estimate of Rs.2,51,850/- towards feeding (Annadhanam) nearly 5000 devotees, pilgrims and public on the occasion of Sirappuli Nayanar Guru Pooja day, which falls on 30.11.2019 (Saturday). The above programme is being organised by the ‘Akkur Sirappuli Nayanar Anadhana Committee’ for the past 24 years through the donations and the purpose of this programme is mainly to spread happiness and harmony among human beings and for conducting discourses about the life and history of Nayanar, by eminent religious scholars etc. with annadhanam. It is also expected that people from 7 villages will gather and will be benefited on the occasion. Hence, the applicant has filed the present application seeking the aforesaid relief.
4. Heard learned counsel for applicant and learned counsel for Administrator General and Official Trustee. Perused the materials on record. 3/7 http://www.judis.nic.in Application No.8846 of 2019 in C.S.No.90 of 1963
5. The Official Trustee has filed a report dated 26.11.2019 stating the fund position of the trust estate. The details are as follows:
Total Fixed Deposit Receipts as on 25.11.2019 Rs. 3,91,60,001.00 Less: Corpus Amount (-) Rs. 37,186.00 Rs. 3,91,22,815.00 Cash on Hand (+) Rs. 1,99,839.13 Funds Position as on 25.11.2019 Rs. 3,93,22,654.13 Payments made during the years 2018 and 2019:
Sl. Description 2018 2019
No. (in Rs.) (in Rs.)
1. Beneficiary payments made to 9 institutions 1,09,050/- 1,09,050/-
2. Salary payment for 1 staff of the estate 3,00,401/- 2,29,300/-
3. Poor feeding conducted during the Birth
Anniversary of Rajah Sir Ramaswamy Mudaliar 5,15,892/-
Total 9,25,343/- 3,38,350/-
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http://www.judis.nic.in
Application No.8846 of 2019
in C.S.No.90 of 1963
6. In the report of the Official Trustee, it is further stated that in case, this Court allows the application, the applicant may be directed to produce necessary vouchers and receipts of expenditure incurred for the above purpose, to the Official Trustee of Tamil Nadu after completion of the function.
7. Considering the submission that in similar circumstances, this Court has already allowed applications of similar nature, on earlier occasions and taking into consideration the funds position of the Trust and the charitable services rendered by the applicant/Co-Trustee, this Court passes the following order:
(a) The learned Official Trustee is directed make payment of Rs.1,00,000/-
(Rupees One Lakh only), favouring ‘Akkur Sirappuli Nayanar Anadhana Committee’ Savings Bank A/c No.500101012054716, City Union Bank, Sembanorkoil Branch, Main Road, Sembanorkoil, Nagapattinam District - 609301, IFSC Code:CIUB000018, MICR Code : 609054004 from and out of the funds of Rajah Sir Ramaswamy Mudaliar Choultry Trust Estate and maintain proper accounts.
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(b) Applicant is directed to produce necessary vouchers and receipts of expenditure incurred to the Official Trustee of Tamil Nadu after completion of the function.
Accordingly, this application is disposed of with the above direction.
26.11.2019 Note to office: Issue order copy by 27.11.2019 gm 6/7 http://www.judis.nic.in Application No.8846 of 2019 in C.S.No.90 of 1963 R.SUBBIAH, J gm Application No.8846 of 2019 in C.S.No.90 of 1963 26.11.2019 7/7 http://www.judis.nic.in