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Madras High CourtA/776/2020ordered

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

2020-02-28Honourable Mr Justice R.Subbiah8 pages

Application No.776 of 2020 R.SUBBIAH, J This Application is filed to grant permission to the Official Trustee to utilise the donation amount of Rs.5,00,000/- donated by the legal heirs of Mrs.Sajjan Bai to purchase the computers and furnitures for the value of Rs.5,00,000/- as stated in the tabular column from various vendors and to pay the payment to them.

2. The Administrator General and Official Trustee has filed a report stating as follows:

(a) Nearly about 200 Trust Estates are being administered by the Administrator General and Official Trustee and that the documents such as Wills, Trust Deeds, Scheme Decrees, orders of this Court, etc., relating to the Trusts, have to be preserved for the proper administration of the Trusts. (b) The Office of the Administrator General and Official Trustee is managing the properties of various Trusts and is maintaining the FDRs and other accounts and registers related to the Trusts. The Official Trustee further submits that for the efficient management of the Trust Estates, computers and related accessories are required for accounting and other Page No.1/8

related official works. For keeping the ledgers, registers, cash books, files, Wills and this Court's orders, etc., steel bureau and steel drawers are very much necessary for safe custody.

(c) The Trust Estate of Malligai Merchant Charities is one among the Trusts administered by the applicant. There are properties in Chennai under the Trust Estate. The vacant lands had been let out to tenants and the tenants put up their own superstructure. As per orders of this Court in the past, some of the lands were sold to the tenants, who had put up constructions in their land. One among the tenants, Mrs.Sajjan Bai, had filed an application in A.No.135 of 1983 in C.S.No.274 of 1899 with request to sell the land in her possession of 2697 Sq.Ft. That application was allowed by this Court by order dated 08.04.1983. After that, the sale price of Rs.44,950/- was paid by the vendee and subsequent thereto, the applicant's officer executed a sale deed dated 29.12.1988 in her favour for registration. A letter dated 29.12.

1988 was sent to the Sub-Registrar, Triplicane by the applicant stating that the applicant is exempted from appearing in person as per Section 88 of the Registration Act and the sale deed be registered. (d) The sale deed was not registered for quite three decades. The Page No.

legal heirs of Mrs.Sajjan Bai has taken out an application in A.No..4380 of 2019 against the applicant stating that their mother died on 19.06.2009 and after that ony, they came to know that the sale deed executed in their mother's favour by the applicant, was not registered and they sought the direction of this Court for registration of the land in their favour, by claiming that they are legal heirs of deceased Mrs.Sajjan Bai. (e) The Administrator General and Official Trustee filed report stating that the delay caused for registration was not by the applicant and it was totally on the part of Mrs.Sajjan Bai and thereafter, their legal heirs. In view of the same, the applicant has stated that either the guideline value or market value of the land cost be paid by the applicants in A.No.4380 of 2019.

By considering that, the entire sale considereation of Rs.44,950/- was already paid by Mrs.Sajjan Bai to the applicant and after receipt of it, the sale deed was executed, only the registration has not taken place and the reason assigned by the legal heirs of Mrs.Sajjan Bail was accepted by this Court and finally, A.No.4380 of 2019 was allowed and the Sub-Registrar, Triplicane was directed to regsiter the sale deed dated 28.08.1988 executed in the name of their mother as and when it is presented by the applicant. Page No.

(f) Since this Court allowed their application, the legal heirs of Mrs.Sajjan Bai has donated Rs.5,00,000/- by Demand Draft No.862004, dated 27.12.2019, drawn on Canara Bank, Triplicane, Chennai-5 through their advocate's letter dated 30.12.2019 to the Office of the Administrator General and Official Trustee of Tamil Nadu, which was accepted. That amount was not the part of sale consideration of rent or arrears of rent or interest from any deposit and, therefore, it is purely a donation from the persons whose case was allowed by considering the reason stated for the delay. Therefore, the amount of Rs.5,00,000/- is not stricto-senso property of the Trust Estate of MM Charities. The said amount is lying in the bank. (g) The infrastructure to the office of the Administrator General and Official Trustee of Tamil Nadu is in scarcity.

Though a proposal for infrastructure was sent to the Government, normally, it would take a long time to sanction. There are shortages of computers, printers, furniture of computer table, chairs, racks, stools, etc. The available donation of Rs.5,00,000/- may be utilised to purchase furniture, computers, printer etc. for day-to-day administration and smooth functioning of the Office of the Administrator General and Official Trustee of Tamil Nadu. Page No.

(h) In view of the same, the applicant has called for quotation from TANSI, Godrej dealers, computer supplier and steel furniture suppliers. The following tabular column will give a clear picture about the infrastructure to be purchased from and out of Rs.5,00,000/- available with the Office of the Administrator General and Official Trustee of Tamil Nadu: Sl.

No. Dealer Name & Address Material Description Rate in Rs.

Total amount including GST in Rs.

(i)Teackwood Assistant Table (Model:TWTBL011) 05 Nos.

42,315/- (ii) Computer revolving Chair (Model: TSCHR

009) 05 Nos.

16,570/- (iii)Teakwood Conference Arm Chair (Model: TWCHR 008) 04 Nos.

TANSI Furniture Works, Thiru.V.Ka.Industrial Estate, Guindy, Chennai600 032 34,240/- (iv) Teakwood Wooden Stool (Model: TWSTL

004) 08 Nos.

16,056/- (v) Teakwood Dining Chair (Model: TWCHR

011) 01 No.

5347/- (vi) Wooden side rack (Model: TWRCK 004) 05 Nos.

29,330/- Total 1,43,858.00 CGST 9% 12,947.22 SGST 9% 12,947.22 Page No.5/8

Sl.

No. Dealer Name & Address Material Description Rate in Rs.

Total amount including GST in Rs.

Grand Total 1,69,752.44 Rounded off 1,69,752.00 1,69,752.00 RR Agencies, Godrej wholesale Dealers, No.62, Kanniyamman Koil Street, Ambattur Real Estate (N.P), Chennai-600 098.

Strowel Plain (1981H x 916W x486D) 02 Nos.

36,928/- GST 18% 6,648/- Total 43,576/- 43,576/- Steel Rack (72"H x 48"L x18"D) 05 Nos.

Rs.22,500/- Sakthi Industries, No.179/1, Prakasam Salai, Mannady, CMRL Stop, Chennai-600 108.

GST 18% Rs.4,050/- Total Rs.26,550/- (Delivery charges extra) 26,550/- (i) Computer (Model No.HP 280 G3 MT) 04 Nos.

Rs.1,62,000/- (including 18% GST) Devaraj Computers (P) Limited, Gee Gee Complex, Ground Floor, No.42, Mount Road, Chennai-600 002 (ii) Epson Printer (Black & White) Model No.M3170 2 Nos.

Rs.42,480/- (including 18% GST) (iii) Epson Colour ink Printer Model No.L3110 01 No.

Rs.10,000/- (including 18% GST) (iv) UPS Microtek 650 VA 10 Nos.

Rs.18,500/- (including 18% GST) (v) Seagate 1 TB 2.5"

External HDD Rs.4,000/- (including Page No.6/8

Sl.

No. Dealer Name & Address Material Description Rate in Rs.

Total amount including GST in Rs.

01 No.

18% GST) (vi) Digital camera Model No.Canon IXUS 01 No.

Rs.10,800/- (including 18% GST) Total Rs.2,47,780/- 2,47,780/- Total amount 4,87,658..00 Transportation charges and other incidental charges 12,342.00 Final total amount 5,00,000.00 (i) The above infrastructures are very essential to extract the work in a speedy manner and also to get maximum work from the staff concerned. The amount of Rs.5,00,000/- donated by the legal heirs of Mrs.Sajjan Bai may be utilised for the purpose of infrastructure development. Hence, for the above reasons, the Official Trustee has filed the above application for the relief stated supra.

3. Heard the submissions made by the learned Official Trustee and perused the materials available on record. Accepting the above report filed by the learned Official Trustee, this Application is ordered as prayed for.

28.02.2020 Speaking Order: Yes/no Page No.7/8

cs R.SUBBIAH, J cs 28.02.2020 Page No.8/8