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Madras High CourtA/7446/2019allowed

Mr.V.Karthik v. The Official Trustee Of Tamilnadu

2025-06-12Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Application No.7446 of 2019 in C.S.No.204 of 1940 V.Karthik ... Applicant Vs.

The Official Trustee of Tamil Nadu, High Court, Madras.

... Respondent PRAYER: To direct the respondent to issue a cheque for Rs.3,86,618/- (Rupees Three Lakh Eighty Six Thousand, Six Hundred and Eighteen Only) in the name of the applicant V.Karthik towards the ceremony and funeral expenses as a founder member of "Mylai Kandappa Chetty and Arunachala Chetty Charities and Trust", from and out of the estate of the Trust. For Applicant : Mr.M.Balasubramanian For Respondent : Mr.D.Lingeswaran, AG&OT ******** 1/4

O R D E R

The applicant had sought for payment of a sum of Rs.3,86,618/- (Rupees Three Lakhs Eighty Six Thousand, Six Hundred and Eighteen Only) towards funeral expenses of his father, who is a Founder Member of "Mylai Kandappa Chetty and Arunachala Chetty Charities and Trust", which is under the administration of the Official Trustee.

2. There is no dispute regarding the entitlement. The Official Trustee in his report had stated that the person who had issued the receipt for Rs.3,86,618/- (Rupees Three Lakhs Eighty Six Thousand, Six Hundred and Eighteen Only) has dis-owned the receipt. Hence, the payment could not be made.

3. The learned counsel for the applicant has filed a memo on 5th of February 2025 stating that he has incurred an expenditure of Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) towards food and atleast the same may be paid over. The applicant has also filed an additional affidavit to the same effect.

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4. Considering the nature of the claim, as well as the fact that the deceased was Founder Member of the Trust, I do not see any necessity for roving enquiry. Hence, there will be a direction to the Official Trustee to pay Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) to the applicant towards funeral expenses of his father. 12.06.2025 dsa Index : Yes/No Internet : Yes/No : Yes/No Speaking order/Non Speaking Order To The Administrator General and Official Trustee of Tamil Nadu, High Court, Chennai 600 104.

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R.SUBRAMANIAN dsa Application No.7446 of 2019 12.06.2025 4/4