Official Trustee Of Tamil Nadu v. No Respondent
Appln.No.1033 of 2020 in C.S.No.363 of 1912 R.SUBBIAH, J This application is filed by the Official Trustee to permit him to incur an expenditure to the tune of Rs.16,000/- for the purchase of new rope (Ther Vadam) from the Cuddalore Coir Worker's Industrial Co-operative Society Ltd., Salakkarai, Cuddalore-O.T. 607 003, which is under the administrative control of the Department of Industries and Commerce, Chennai-5, and incur an expenditure to the tune of Rs.1,85,172/- for the purchase of new four wheels for the golden car from Tamil Nadu Small Industries Corporation Limited (TANSI), A-28, Thiru-vi-ka Industrial Estate, Guindy, Chennai-600 032, totally Rs.2,01,172/- and to meet the incidental expenses out of the funds of the Estate of Nagai Visalakshi Ammal.
2. The Official Trustee of Tamil Nadu has filed a report, dated 28.02.2020 stating as follows:
(a) The Trust Estate of Nagai Visalakshi Ammal is being administered by the Official Trustee of Tamil Nadu, as per the order dated 22.02.1915 of this Court in C.S.No.363 of 1912. As per the Scheme
Decree, dated 22.02.1915 in C.S.No.363 of 1912, the properties belonging to the Estates of Ponnambalam Pillai and Visalakshi Ammal, have been vested with the Official Trustee of Madras, who is entitled to be in possession of and collect the rents from and manage the properties. The properties have been vested in Trust for the purpose of (i) payment of taxes in regard to the properties of the Trusts, (ii) providing for the periodical repair and upkeep of the properties in proper and tenantable condition, (iii) payment of allowances to the hereditary Trustees, (iv) payment to the hereditary Trustees for the performance of charities, (v) payment of surplus income to the Trustees for the time being of the Pachaiyappa's Charities for utilisation for the objects set out in the scheme. (b) The premises (Dharma Chatram) bearing No.
33, 16 Pillar Mandapam Street, Chidambaram, measuring about 6,301 Sq.Ft. known as Golden Car Choultry, belongs to the Trust Estate of Nagai Visalakshi Ammal. The last Will of Nagai Visalakshi Ammal provides conducting Golden Car Utsavam to Sri Pitchandar on the 8th festival day, twice a year during (i) Ani Thirumanjanam and (ii) Margali Dharsanam of Sree Saba Natarajar Utsavam. It also provides giving food to Brahmins in the said Dharma Chatram built by her.
garage for keeping the golden car, owned by the Trust. (c) It is obligatory for the Official Trustee to keep the Trust property in a state of repair. Under Section 28 of the Official Trustees Act, the Official Trustee is empowered to incur expenditure, with the sanction of this Court, on such religious, charitable and other objects on such improvements as may be reasonable and proper in the case of any property belonging to any Trust administered by him.
(d) Thiru.T.Santhanakrishnan, one of the hereditary Trustees, by his letter dated 24.09.2019, has requested the Official Trustee to replace the rope (Ther Vadam) and four wheels of Golden Car. On the instructions of the Official Trustee, the Chatram was inspected by the then Dy. A.G .& O.T. and she submitted her report on 07.11.2019. In her report, she has pointed out that the rope of the car is in damaged condition. The circumference size of the coir rope plays major role to the strength and durability. She further stated that the four wheels of the car is in damaged condition and may be replaced with new one.
(e) As per the quotation dated 26.02.2020 received from the Industrial Cooperative Officer, The Cuddalore Coir Worker's Industrial Co-operative Society Ltd., Salakkarai, Cuddalore-O.T., the rope would cost Rs.16,000/-
including packaging and forwarding charges.
(f) As per the quotation dated 28.11.2019 received from the Tamil Nadu Small Industries Corporation Limited (TANSI), A-28, Thiru-vi-ka Industrial Estate, Guindy, Chennai-600 032, fixing of New 4 wheels in Golden Car at Chidambaram would cost Rs.1,85,172/- including GST 18% and delivery charges.
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. 06.03.2020 cs
R.SUBBIAH, J cs Appln.No.1033 of 2020 in C.S.No.363 of 1912
06.03.2020