The Official Trustee Of Tamil Nadu v. Nil
P.N. PRAKASH, J.
The Administrator General and Official Trustee has filed the instant application seeking permission to enhance the contribution for the performance of Karthigai Deepam festival to Arulmigu Thiagarajasway Thirukkoil, Chennai 600 019, from Rs.1,25,000/- per annum to Rs.2,00,000/- per annum from the Trust estate of Maligai Merchant Charities. In support of the Judge's summons, the Administrator General and Official Trustee has filed his report dated 05.01.2023, which reads thus: "The Official Trustee of Tamil Nadu submits that the office of the Administrator General and Official Trustee of Tamil Nadu [AG & OT] is administrating more than 150 Trust Estates. There are properties to Trust Estates and rental income deriving from it are put 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. are given to NGOs and other institutions based on their request.
02. The Official Trustee further submits that the Trust Estate of Maligai Merchant Charities is being administered by the office of the Official Trustee of Tamil Nadu as per the scheme decree of the Hon'ble High Court in C.S.No. 274/1899 dated 01.03.1932 [D1]. The trust estate of MM 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 Hon'ble Court. The temple A/m. Thiayagaraj Swamy belong to M.M. Charities. As per the Scheme Decree
dated 01.03.1932 in C.S. No. 274 of 1899 Pooja shall be conducted at the temple regularly.
03. The Official Trustee further submits that one of the charities performed by the Trust is Karthigai Festival at Thiruvottiyur on every Karthigai day to Sri Thiagarajawamy in the temple and this Court by order, dated 08.02.2000, in Application No. 417 of 2000, permitted the Official Trustee to incur a total expenditure of Rs. 4,475/- per annum for the said festival and the temple. The Order of Hon'ble High Court Appl. No. 417 of 2000 is marked as Exhibit [D2]. On 11.06.2010 as per the order of the Hon'ble High Court in App.No. 3028 of 2010 the festival expenditure was enhanced as Rs. 34,000/- per annum from Rs.4,475/- . Thereafter at the request of temple administration, the Order of Hon'ble High Court Appl. No. 3028 of 2010 is marked as Exhibit [D3]. On 16.11.2012 as per the order of the Hon'ble High Court in App.No.
4927 of 2012 the festival expenditure was enhanced as Rs.1,01,150/- per annum from Rs. 34,000/-. The Order of Hon'ble High Court Appl. No. 4927 of 2012 is marked as Exhibit [D4]. On 30.06.2020 as per the order of the Hon'ble High Court in App.No. 1430 of 2020 the festival expenditure was enhanced as Rs. 1,25,000/- per annum from Rs. 1,01,150/-. The Order of Hon'ble High Court Appl. No. 1430 of 2020 is marked as Exhibit [D5].
04. The Official Trustee further submits that, Mr. M. Baskaran - Assistant Commissioner HR & CE / Executive Officer of A/m. Thiagarajawamy temple, Thiruvottiyur, Chennai - 19, has sent a letter dated 12.11.2022 to the office of the Administrator General and Official Trustee of Tamil Nadu has stated that the Approximate expenses for Karthigai Deepam Festival for the period 07.12.2022 to 09.12.2022 is Rs. 3,77,500/- and requested to donate the fund for the Karthigai Deepam Festival. The copy of the letter is marked as Exhibit [D6].
05. The Official Trustee further submits that, the Assistant Commissioner / Executive Officer of the said temple in his letter has stated that the Kavasam of the Main Deity of Arulmigu Adipureeswarar will be kept open only during the Karthigai Day Festival for three days and the Deity will be adorned with Punugu, Sambirani Thailam on those days. This office of the AG & OT has been donating Rs. 1,25,000/- for the above said festival since 2020.
06. The Official Trustee further submits that, considering the escalation of prices connected with this festival such as, Pooja Expense, Erection of Pandal Lighting arrangement Expenses for the preparation of Punugu, Sambirani Thailam and also considering the funds position of the trust, contribution for the performance of Karthigai Deepam Festival to A/m. Thiagarajaswamy Thirukkoil, Chennai - 19, may be considered and this Hon'ble Court may be pleased to enhance the contribution for the performance of Karthigai Deepam Festival to A/m. Thiagarajaswamy Thirukkoil, Chennai - 19, from Rs.1,25,000/- to 2,00,000/- and the proposed additional expenditure could easily be meet out the funds of the Maligai Merchant Trust. The total fund position of Maligai Merchant Trust Estate, as on 21.12.
2022 is as follows:- [D7] Total Fixed Deposit Receipts Rs. 4,81,42,983/- Less: Corpus Rs. 24,00,000/- ------------------------ Rs. 4,57,42,983/- Cash on hand as on 21.12.2022 Rs. 23,00,000/- ----------------------- Fund Position as on 21.12.2022 Rs. 4,80,42,983/- ----------------------- (Rupees Four Crore Eighty Lakhs Forty Two Thousand Nine Hundred and Eighty Three Only) The Official Trustee of Tamil Nadu humbly submits and prays that this Hon'ble Court may be pleased to enhance the contribution for the performance of Karthigai Deepam Festival to Arulmigu Thiagarajaswamy Thirukkoil, Chennai - 19, from Rs. 1,25,000/- per annum to Rs. 2,00,000/- per annum from the Trust Estate of Maligai Merchant Charities and thus render justice."
Having heard the submissions made by the Administrator General and Official Trustee and perused the materials available on record, this Court accepts the report dated 05.01.2023 filed by the Administrator General and
Official Trustee and accordingly, this application stands ordered. 09.01.2023 cad
P.N. PRAKASH, J.
cad A. No.144 of 2023 in C.S. No.274 of 1899 09.01.2023