Madras High CourtA/262/2021ordered

The Administrator General And Official Trustee Of Tamil Nadu v. No Respondent

2021-02-08Honourable Mr Justice R.Subbiah19 pages

Application Nos.262, 263, 264, 265, 266, 267, 268 and 269 of 2021 R.SUBBIAH, J This Court is held by Video Conference.

2. These applications have been filed seeking permission to the Official Trustee of Tamil Nadu ●to utilize Rs.3,44,199/- (Rupees Three Lakhs Forty Four Thousand One Hundred and Ninety Nine Only) from the accumulated funds of "CK Naidu Trust" for the FY 2016-2017 for purchasing a Three wheeler vehicle Auto Rickshaw from the lowest quotation of Tara Motors, No.113/3, Thendral Nagar, Chennai National Highways, Villupuram 605602, to donate the said vehicle to Thai Tamil Palli, Rosanai, Tindivanam 604 001. ●to utilize Rs.29,879/- (Rupees Twenty Nine Thousand Eight Hundred and Seventy Nine Only) from the accumulated funds of "CK Naidu" Trust for the FY 2016-17 for purchasing 200 books from the Narmadha Pathipagam, No.10, Nana Street, 1st Floor, Pondy Bazaar, T.Nagar, Chennai - 600 017 and 271 books from Techno Book House, No.19, Bunder Street, 1st Floor, 1/19

Chennai 600 001 to donate the said books to Thai Tamil Palli, Rosanai, Tindivanam 604 001.

●to utilize Rs.2,13,500/- (Rupees Two Lakhs Thirteen Thousand and Five Hundred Only) from the accumulated funds of "CK Naidu Trust" for the FY 2016-2017 for purchasing Seven Computer System from the lowest quotation of Suryaplaza, No.148, Nehru Street, Tindivanam 604001, Villupuram 605 602, to donate the said Computer System to Thai Tamil Palli, Rosanai, Tindivanam 604 001.

●to utilize Rs.1,55,000/- (Rupees One Lakh and Fifty Five Thousand Only) from the accumulated funds of "CK Naidu Trust" of FY 2016-2017 for purchasing Digital Smart Class room projector from the lowest quotation of Focus Office, B-27, Renga Vilas, Ramalinga Nagar, 1st Main Road, Waraiyur, Trichy-03 to donate the said Smart Class Projector to Thai Tamil Palli, Rosanai, Tindivanam 604001.

CCTV Camera to Thai Tamil Palli, Rosanai, Tindivanam 604 001. ●to utilize Rs.50,003/- (Rupees Fifty Thousand and Three Only) from the accumulated funds of "CK Naidu Trust" for the FY 2016-2017 for purchasing Science Lab Equipments from the lowest quotation of Supreme Scientific Supplies, Plot No.11, VIP Garden, Solai Mahal Backside, Villupuram 605 602, to donate the said Science Lab equipments to Thai Tamil Palli, Rosanai, Tindivanam 604001.

●to give meritorious award of Rs.30,000/- (Rupees Thirty Thousand Only) to each one boy student and one girl student, who secured highest marks in V examination, as certified by the Headmaster of Thai Tamil Palli, Rosanai, Tindivanam 604 001from RSRM Trust with effect from the academic year 2020-21.

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3. The learned Administrator General and Official Trustee has submitted a report dated 21.01.2021, in which it is stated as follows: (i) the office of the Administrator General and Official Trustee of Tamil Nadu has been administrating more than 150 Trust Estates. There are properties to Trust Estates and rental income derived from it are put it 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 and meeting other necessary expenses. Apart from that, as per the orders of this Court donation by way of things, articles and medical machines etc. has been given to the NGOs and other institutions based on their request.

(ii)one retired Prof. Prabha Kalvimani, President of Thai Tamil Palli, Rosanai, Tindivanam 604 001, a NGO, has given a letter dated 12.12.2020, stating that the Thai Tamil Palli School was started in 2000 under a registered charitable Trust of Tindivanam Nagara Mattrum Ooraga Kalvi Membattu Kazhagam established in 1994, doing charitable activities in and around Tindivanam. They are running free school i.e. Thai Tamil Palli, free midday 4/19

meals to students of this school, sports, yoga, physical education, library, and many other services to the students. The school is having 210 students from Kinder Garden to Vth standard. They are requesting to provide Auto which will help them for various works like taking students to hospital, purchase of rice, groceries and vegetables, preparation for midday meals etc. (iii)on a perusal of the documents submitted by M/s Thai Tamil Palli and from the local inspection of AG & OT and interaction with its President, reveal that their request to provide any three wheeler vehicle to utilize for the school is a genuine one. When enquired, they stated that they would use the vehicle only for the purpose stated above and not for any personal use. Once the vehicle is given, they have to take care of the vehicle at their own viz.

, fuel expenditure, maintenance and future insurance etc. It is a onetime donation of vehicle that he agreed. To their genuine cause, the AG & OT may join with them to help the needy poor students. (iv)after interaction with them, they also requested to donate books to the Thai Tamil Palli school students.

donate the books to Thai Tamil Palli School : Sl.

No.

Item Vendor's Name Discount No. of Books Total Amount (in Rs.) 1.

Various Title Books Narmadha Pathipagam, No.10, Nana Street, 1st Floor, Pondy Bazaar, T.Nagar, Chennai 600 017.

35% 14,225.00 2.

Various Title Books Techno Book House, No.19, Bunder Street, 1st Floor, Chennai 600 001.

30% to 40% 15,653.75 TOTAL 29,879.00 since the above referred books are unique and after persuading the suppliers the above discount price was given and the same may be considered by this Court to donate to the Thai Tamil Palli School. (v)the object of Trust Estate of CK Naidu object is to help poor people by feeding etc. The expenditure may be meted out to donate one three wheeler vehicle to Thai Tamil Palli, Rosanai, Tindivanam 604 001. As directed, the said trust has collected three quotations to purchase Auto rickshaw. The three quotations have different quoted amount. The particulars are given 6/19

below:

Sl.

No.

Supplier Company Vehicle Name & Model Rate

1. Tara Motors, No.113/3, Thendral Nagar, Chennai National Highway, Villupuram 605602.

Autorickshaw 3 wheeler Rs.3,44,199/-

2. VVR Autos, Ajis Nagar, (Opp. Old employment office) Mambazhapattu Road, Villupuram 605 602.

Rs.3,60,732/-

3. Schangalaya Motors, No.1/5, Siva Complex, Block-2, Imperial Road, Chellankuppam, Cuddalore 607 003.

Rs.3,70,665/- (vi)the lowest quotation received from the dealer, namely, Tara Motors, No.113/3, Thendral Nagar, Chennai National Highway, Villupuram 605602 may be accepted to purchase the Auto Rickshaw three wheeler and donate to Thai Tamil Palli School.

(vii)in the past like similar situations, this Court has permitted the AG & OT to donate different type of vehicles to different institutions from different Trust Estates. Recently, the Official Trustee donated Rs.4,31,189/- as per this Court's order dated 05.11.2020 in Application Nos. 2578 & 2579 of 2020 in C.S.No.15 of 1967 to Sarva Bojan Trust, Chennai, to purchase a vehicle (Van) Maruti Suzuki EECO 5 STR NON AC and Rs.5,00,000/- as per the 7/19

order dated 11.09.2020 in A.Nos.1974 & 1975 of 2020 in C.S.No.15 of 1967 to Agal Foundation Public Charitable Trust, Chennai, to purchase a vehicle (Van) Maruthi Suzuki EECO 5 STR AC BS-6 2020 from the accumulated funds for the FY 2016-2017 of MM Ispahani Trust. (viii)the Thai Tamil Palli School management further requested for the equipments to develop the infrastructure of the school. They asked for the science lab equipments, seven computers, CCTV Camera and Smart Class equipments. For these items they sent the quotations as below: Computers:

Sl.

No.

Supplier Company Equipment Name Rate 1.

Suryaplaza, No.148, Nehru Street, Tindivanam 604001.

Seven Computer system Rs.2,13,500/- 2.

Sri Vari Computers, Ayyasami Pillai Street, Tindivanam 604 001.

Rs.2,24,000/- 3.

SSP Computer, No.65, R.S. Pillai Street, Tindivanam 604 001.

Rs.2,27,500/- The lowest quotation received from the dealer, namely, Suryaplaza, No.148, Nehru Street, Tindivanam 604001, Villupuram 605 602 may be accepted to purchase the Computer system and donate to Thai Tamil Palli School. 8/19

Smart Class room:

Sl.

No.

Supplier Company Equipment Name Rate 1.

Focus Office, B-27, Renga Vilas, Ramalinga Nagar, 1st Main Road, Waraiyur, Trichy-03.

Short Throw Projector Rs.1,55,000/- 2.

Need IT Computers, No.12/58-A/1, Thennur High Road, Trichy 620 017.

Rs.1,57,040/- 3.

AV.Com, No.5, 4th Cross, First main Road, Ramalinga Nagar, Woraiyur, Trichy 620 003.

Rs.1,61,438/- The lowest quotation received from the dealer, namely, Focus Office, B-27, Renga Vilas, Ramalinga Nagar, 1st Main Road, Waraiyur, Trichy-03, may be accepted to purchase the Short Throw Projector and donate to Thai Tamil Palli School.

CCTV Camera:

Sl.

No.

Supplier Company Equipment Name Rate 1.

Suryaplaza, No.148, Nehru Street, Tindivanam 604 001.

2mp Turbo HD Hi Resolution Bullet / Dome Camera Nos.13 Rs.48,500/- 2.

Maze Technology, No.63, M.M. Adigal Salai, Pudhucherry-05.

Rs.48,604/- 9/19

Sl.

No.

Supplier Company Equipment Name Rate 3.

Electrosec Systems, No.6B, Perambai Road, Parris nagar, Moolakulam, Pucucherry-10.

Rs.49,925/- The lowest quotation received from the dealer, namely, Suryaplaza, No.148, Nehru Street, Tindivanam 604 001 may be accepted to purchase the 2mp Turbo HD Hi Resolution Bullet / Dome Camera with 13 Nos. and donate to Thai Tamil Palli School.

Science Lab Equipments:

Sl.

No.

Supplier Company Equipment Name Rate 1.

Supreme Scientific Supplies, Plot No.11, VIP Garden, Solai Mahal Backside, Villupuram 605 602.

Science lab equipments Rs.50,003/- 2.

The Ultra scientific Chemical Industries,No.49, Amman Complex, (Opp: Abirami Theatre, Erode 638 001.

Rs.55,517/- 3.

Brighte Scientific Suppliers, 1/1111-32, TNHB Phase II, Royakottai Road, Near Arun Hospital, Krishnagiri.

Rs.55,789/- The lowest quotation received from the dealer, namely, Supreme Scientific Supplies, Plot No.11, VIP Garden, Solai Mahal Backside, Villupuram 605 10/19

602 may be accepted to purchase the Science Lab equipments and donate to Thai Tamil Palli School.

(ix)The cost of the above mentioned equipments may be meeted out from the CK Naidu trust estate accumulated funds of FY 2016-17. The following table will provide the expected cost for the above mentioned vehicle and equipments which are all to be meeted out from the Trust estate of CK Naidu Accumulated funds for the FY 2016-17:

Sl.

No.

Purpose Amount (in Rs.) 1.

Auto Rickshaw 3,44,199/- 2.

Books 29,879/- 3.

7 Computers 2,13,500/- 4.

Smart Class Projector 1,55,000/- 5.

CCTV Camera Nos.13 48,500/- 6.

Science Lab 50,003/- Total 8,41,081/- (x)there are about 210 students studying in their school, namely, Thai Tamil Palli School. They are providing 229 meals everyday to the children and staff in their School. All services are free. The School is alive from the public contribution. In the given circumstances, they have requested to provide adequate donation to feed the school children during mid day meals. They further requested to consider that the orphan children are studying in 11/19

their school and that one boy student and one girl student from V examination, who secures highest marks, may be awarded meritorious award and it will be helpful to them for their further studies. Their request is genuine one and the same may be considered by this Court. The meritorious award may be donated form the Trust estate of RSRM. (xi)the meritorious award may be given with effect from the academic year 2020-2021 to one boy student and one girl student, who has secured highest marks in their V examination with each Rs. 30,000/- as certified by the Headmaster of Thai Tamil Palli School. For providing midday meals, the Official Trustee has suggested a sum of Rs.20,000/- per month may be donated from the date of order as periodical payment from the Trust Estate of RSRM.

(xii)in the scheme decree of CK Naidu Trust Estate, there is a clause for doing charities to the poor people. The objects of the charities may be expanded to include within its ambit to donate Auto Rickshaw, books and equipments for school infrastructure to Thai Tamil Palli, which is useful for the needy, poor students and people, by invoking the "doctrine of cypress'. The office of AG & OT may also be joined to help the needy people. 12/19

(xiii)the main object of the RSRM Trust Estate is poor feeding. The CoTrustee of RSRM Trust Estate Mr.Ramprasad has taken a lot of efforts to help the poor through the said trust. Since 2002, every year poor feeding is done to the various Orphanages, NGOs, and aged homes etc. Apart from that dress materials, books and allied stationeries have been donated then and there to the schools, orphanage etc. Medical equipments have been provided to RSRM hospital. In the recent past due to COVID-19 pandemic rice and groceries have been donated to group of 850 people and nearly 20 institutions of NGOs, Aged Home, and Orphanage etc. with considerable amount.

(xiv)the Official Trustee has discussed the above facts with Mr.Ramprasad, CoTrustee of RSRM at least to help from the Trust Estate of RSRM. After hearing the story, Mr. Ramprasad immediately and intellectually has accepted the suggestion of the AG & OT and periodical payment may be given to the school. When the discussion was taking place between the AG & OT and Co-Trustee of RSRM, it was suggested that the help by way of cash may be in two aspects: (a)periodical payments to the institution and (b)meritorious awards to the students of one boy student and one girl 13/19

student, who secured highest mark in the V Standard examination. The Headmaster of the Thai Tamil Palli has to certify the students' particulars, who secured highest marks in the V Standard examination. The assessment should also include not only in syllabus and also by other aspects of attitude, moral education, physical education etc. The certification of Headmaster is final to award scholarship to two students. As the Co-Trustee has finally accepted the suggestion, then the AG & OT decided to file these applications in different numbers.

(xv)the Thai Tamil Palli School has been providing free meals about 210. The main object of the RSRM Trust is to provide poor feeding. Since, Thai Tamil Palli School is providing free meals to poor students, periodical payments may be given to Thai Tamil Palli and through its service the intention of the Testator would be fulfilled to link the poor feeding to lift the poor students. Awarding scholarship to two meritorious students will help them to utilize for further studies. By way of "doctrine of Cypress" this Court has power to extend it to the poor feeding of students and meritorious award to the students.

(xvi)in view of the above, a periodical payment of Rs. 20,000/- every month 14/19

may be donated to Thai Tamil Palli, Rosanai, Tindivanam 604001, from the date of the order for poor feeding of noon meals to students studying in Thai Tamil Palli School. The Meritorious award of Rs.30,000/- to one boy and one girl student of V pass, who secured higher marks as certified by the Headmaster of Thai Tamil Palli School Rosanai, Tindivanam 604001, be given with effect from the academic year 2020-21. (xvii)to meet out the expenditure, the Trust Estate has adequate Fixed Deposit of more than 3 crore rupees and out of the income derived from it more charities have been done. There is no difficulty to meet out the above periodical expenses for poor feeding and meritorious award to the school students of the V standard pass. The meritorious student award cheque may be distributed either in the student's name or their parents/guardian name. The School authority has to submit necessary documents for students' meritorious award when called for by the O/o AG & OT along with other procedural compliance.

Submitting as above, learned Administrator General and Official Trustee prays for the above relief.

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4. Considering the submissions made, this Court grants permission to the Official Trustee of Tamil Nadu ●to utilize Rs.3,44,199/- (Rupees Three Lakhs Forty Four Thousand One Hundred and Ninety Nine Only) from the accumulated funds of "CK Naidu Trust" for the FY 2016-2017 for purchasing a Three wheeler vehicle Auto Rickshaw from the lowest quotation of Tara Motors, No.113/3, Thendral Nagar, Chennai National Highways, Villupuram 605602, to donate the said vehicle to Thai Tamil Palli, Rosanai, Tindivanam 604 001; ●to utilize Rs.29,879/- (Rupees Twenty Nine Thousand Eight Hundred and Seventy Nine Only) from the accumulated funds of "CK Naidu" Trust for the FY 2016-17 for purchasing 200 books from the Narmadha Pathipagam, No.10, Nana Street, 1st Floor, Pondy Bazaar, T.Nagar, Chennai - 600 017 and 271 books from Techno Book House, No.19, Bunder Street, 1st Floor, Chennai 600 001 to donate the said books to Thai Tamil Palli, Rosanai, Tindivanam 604 001;

●to utilize Rs.2,13,500/- (Rupees Two Lakhs Thirteen Thousand and Five Hundred Only) from the accumulated funds of "CK Naidu Trust" for the 16/19

FY 2016-2017 for purchasing Seven Computer System from the lowest quotation of Suryaplaza, No.148, Nehru Street, Tindivanam 604001, Villupuram 605 602, to donate the said Computer System to Thai Tamil Palli, Rosanai, Tindivanam 604 001;

●to utilize Rs.48,500/- (Rupees Forty Eight Thousand and Five Hundred Only) from the accumulated funds of "CK Naidu Trust" for the FY 20162017 for purchasing CCTV Camera Nos.13 from the lowest quotation of Suryaplaza, No.148, Nehru Street, Tindivanam 604 001, to donate the said CCTV Camera to Thai Tamil Palli, Rosanai, Tindivanam 604 001; ●to utilize Rs.50,003/- (Rupees Fifty Thousand and Three Only) from the accumulated funds of "CK Naidu Trust" for the FY 2016-2017 for 17/19

purchasing Science Lab Equipments from the lowest quotation of Supreme Scientific Supplies, Plot No.11, VIP Garden, Solai Mahal Backside, Villupuram 605 602, to donate the said Science Lab equipments to Thai Tamil Palli, Rosanai, Tindivanam 604001;

●to donate a periodical payment of Rs. 20,000/- (Rupees Twenty Thousand Only) every month from RSRM Trust to Thai Tamil Palli, Rosanai, Tindivanam 604 001, to feed the poor students studying in their school as Midday Meals from the date of the order and ●to give meritorious award of Rs.30,000/- (Rupees Thirty Thousand Only) to each one boy student and one girl student, who secured highest marks in V examination, as certified by the Headmaster of Thai Tamil Palli, Rosanai, Tindivanam 604 001from RSRM Trust with effect from the academic year 2020-21.

Accordingly, these applications are ordered as prayed for. 08.02.2021 gm R.SUBBIAH, J gm 18/19

Application Nos.262, 263, 264, 265, 266, 267, 268 and 269 of 2021 08.02.2021 19/19