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Madras High CourtA/7494/2019ordered

Official Trustee Of Tamil Nadu v. No Respondent

2019-10-03Honourable Mr Justice S. Manikumar11 pages

Application No.7494 of 2019 in C.S.No.90 of 1963 S.MANIKUMAR, J.

Instant application is filed by the learned Official Trustee of Tamil Nadu, seeking permission to organize poor feeding, distribution of clothes, rice bags, books and dress materials to coincide with the 179th Birth Anniversary of Rajah Sir Ramasamy Mudaliar which falls on 13.10.2019 and to utilize a sum of Rs.5,90,938/-(Rupees Five Lakhs Ninety thousand nine hundred and thirty eight only) from the funds of the Trust Estate of Raja Sir Ramasamy Mudaliar and to meet out the incidental expenses and to remit the excess balance amount, if any, to the Trust Account, after incurring the expenses.

2.

Learned Official Trustee has submitted that administration of "The Rajah Sir Ramaswami Mudaliar's Choultry" and its allied endowments are governed by a Decree dated 18.08.1970, of this Court, in C.S.No.90 of 1963. The management of the Choultry and its allied charities have been 1/11

vested in the Official Trustee and thus the Trust Estate of Rajah Sir Ramaswami Mudaliar is now under the administration of the Official Trustee.

3. Learned Official Trustee has further submitted that Rajah Sir Ramaswami Mudaliar has put up a Choultry on the land assigned by the Government, opposite to the Central Railway Station, Chennai and provided for free lodging facilities for the free use of railway travellers and "daily feeding" of the poor and distressed.

4. Learned Official Trustee has further submitted that on earlier occasions, this Court having regard to the said objects of the Trust, by order dt.27.9.2002, in A.No.3982 of 2002, in C.S.No.90 of 1963, permitted the Official Trustee to incur expenditure of Rs.25,000/- to organize poor feeding on the 162nd Birthday Anniversary of the founder (13.10.2002) and similarly by order dated 03.10.2018, in A.No.7313 of 2018, in C.S.No.90 of 1963, permitted the Official Trustee to celebrate the 178th Birth Anniversary of the Founder on 13.10.2018, by utilizing 2/11

Rs.5,15,892/- (Rupees Five lakhs fifteen thousand eight Hundred and ninety two only), from and out of the funds of the Trust Estate of Rajah Sir Ramasamy Mudaliar, to conduct poor feeding, distribution of clothes, rice bags, dress materials and to meet other incidental expenses.

5. Learned Official Trustee has further submitted that the Co-Trustee of the Trust has submitted a letter dated 09.09.2019, requesting the Official Trustee to take necessary application before this Court for celebrating the 179th Birth Anniversary of Raja Sir Ramasamy Mudaliar at M/s Bala Vihar School at Halls Road, Kilpauk, Chennai-10, the institution that is being supplied dress materials/rice bags, from the Trust every year.

6. Learned Official Trustee has further submitted that the 179th Birth Anniversary of the founder falls on 13.10.2019 and the office of the Official Trustee of Tamil Nadu, intend to organize poor feeding and distribution of clothes to poor and distressed as was done on earlier occasions.

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7. Learned Official Trustee has further submitted that letters have been received from nine institutions, mentioning their requirements, so as to enable the Official Trustee of Tamil Nadu to donate the materials required by those institutions. The details of the requirements and the estimated cost of the materials are detailed hereunder:

S.

No Name of Institution Inmates Requirements Amount in Rs.

Total in Rs.

Towel - 24 Nos. x Rs.40/- each 960/- Rice Bag - 25 Kg 1 No. x Rs.1150/- 1,150/- Sarees - 4Nos. X 200/- each 800/- Aluminum Buckets - 24 Nos. x 20/- each Bishop Allen Home, No.8, Chinna Kulandai Street, Varatharajapuram, 8,279/- 26,601/- Plastic Mugs - 24 Nos. x Rs.20 each 576/- Steel Plates - 24 Nos. x Rs.107/- each 2,880/- Steel Tumblers - 24 Nos.

x Rs.17/- each 456/- G.K.Books - 45 Nos.

6,500/- Food per day 5,000/- Computer Educational aid 26,650/- Guild of Service Balavihar for Mentally Retarded, Halls Road, Kilpauk, Chennai-10 & Vepampattu GOS - Bala Vihar Unit 2,07,920/- + Pant material Dark Colours 270m x Rs.151/- each 40,770/- Shirt material 300m x Rs.73/- each 21,900/- Nighties 90 Nos. x Rs.135/- each 12,150/- Rice Bag 200 Kg 4/11

S.

No Name of Institution Inmates Requirements Amount in Rs.

Total in Rs.

8 Nos. x Rs.1,150/- 9,200/- Sweater 50 Nos. x Rs.250/- each 12,500/- Bed Sheet 50 Nos. x Rs.95/- each 4,750/- Towel 50 Nos. x Rs.40/- each 2,000/- Stitching Charges 50,000/- Food per day 28,000/- Black Pant material 34m x Rs.151/-each 5,134/- Pink Shirts material 40m x Rs.60/-each Adarikkum Karangal Childrens Home, A9, HIG Flats, Matthur, Manali, Chennai-68.

2,400/- Rice Bag 25 Kg 2Nos. x Rs.1,150/- 31,334/- 2,300/- Food per day 5,000/- Stitching Charges 10,000/- G.K.Books 45 Nos.

6,500/- Pant material 38m x Rs.151/- each 5,738/- The Madras Society for the Protection of Children, Dr.Varadappa Naidu's Orphanage, No.891(Old No.288) T.H.Road, Old Washermenpet, Chennai-21 Shirt material 45m x Rs.75/- each 3,375/- Rice Bag 25 Kg 2Nos. x Rs.1,150/- 34,313/- 2,300/- Food per day 5,000/- Stitching Charges 11,400/- G.K.Books 45 Nos 6,500/- Chudidhar 50 Nos. x Rs.300/- 15,000/- Sarees 40 Nos. x Rs.200/- each The Madras Seva Sadan 7,Harrington Road, Cheput, Chennai-31.

8,000/- Stitching Charges 11,400/- 5.

57,342/- Rice Bag 75 Kg 3 Nos. x Rs.1,150/- 3,450/- Stainless Steel Plates 50 Nos. x Rs.107/- each 5,992/- 5/11

S.

No Name of Institution Inmates Requirements Amount in Rs.

Total in Rs.

Food per day 7,000/- G.K.Books 45 Nos.

6,500/- Sweater 11 Nos. x Rs.200 each 2,200 Rain Coats 11 Nos. x Rs.107 each 2,200/- 6.

Sri Ramakrishna Ashram, Kummidipet, Arakkonam.

17,220/- Food per day 5,000/- Steel Plates 11 Nos. x Rs.107 each 1,320/- G.K.Books 45 Nos.

6,500/- Towel 34 Nos. x Rs.40/- each 1,360/- Bed Sheet 34 Nos. x Rs.95/- each 3,230/- Nesakkaram Seeds, No.11, 1st Cross street, Lake area, Nungambakkam, Chennai - 34.

Steel Plates 34 Nos. x Rs.107/- each 4080/- 22,470/- Rice Bag 25 Kg 2 Nos. x Rs.1,150/- 2,300/- G.K.Books 45 Nos.

6,500/- Food perr day 5,000/- Cotton Absorbent Wool 300 bundles x Rs.90/- each 30,240/- Jeevodaya 1/272 (Old No.1/86) Kamaraj Road, Mathur,Manali, Chennai -68.

38,390/- Food per day 7,000/- Rice Bag 25 Kg 1 Nos. x Rs.1,150/- 1,150/- Sarees 18 Nos. x 304/- each 3,600/- Fisheries Association, No.52, Angappan Naicken Street, Olakkadai Market, Mannady, Chennai - 1.

Annakkudai 18 Nos. x 304/- each 6,128/- 65,348/- Sweaters 18 Nos. x Rs.250/- each 4,500/- Ice Box 18 Nos. x Rs.2840/- each 51,120/- Total 5,00,938/- Transportation Charges & other incidental Charges 15,000/- Furniture & Shamiyana 15,000/- 6/11

S.

No Name of Institution Inmates Requirements Amount in Rs.

Total in Rs.

Breakfast for the invitees and inmates (250 persons) 50,000/- Invitation printing, Photos 10,000/- Total 5,90,938/-

8. Learned Official Trustee has further submitted that for the purchase of dress materials, quotations were obtained from (i) Madharsha & Sons, Purasawakkam High Road, Chennai-7. (ii) New Cholan Matching, Mylapore, Chennai-4. (iii) M.A.Ethirajulu Naidu, Park Town, Chennai-3. (iv) Hindu Group of Publications, Chennai. (v) Welcome Surgical Company, No.835, Mount Road, Chennai-2. The Details of cost of the materials as mentioned in the quotation received from the said shops are extracted hereunder:

Sl No.

Description of Materials Rate of Materials 1.

Pant(Black) Rs.151/- per meter 2.

Shirts Colour - Rs.75/- per meter 3.

Shirts Pink - Rs.60 per meter 4.

Chudidhars Rs.300/- per piece 5.

Towels Rs.40/- per piece 6.

Sarees Rs.200/- per piece 7.

Nighties Rs.135/- per piece 8.

Bed Sheet Rs.95/- per piece 9.

Sweater Rs.200/- per piece 10.

Rain Coat Rs.200/- per piece 7/11

Sl No.

Description of Materials Rate of Materials 11.

Sets of Books G.K.

Rs.6,500/- 12.

Stainless Steel Plate Rs.107/- each 13.

Stainless Steel Tumbler Rs.17/- each 14.

Plastic Mug Rs.21/- each 15.

Aluminum Annakkudai Rs.304/- each 16.

Aluminium Bucket Rs.308/- each 17.

Rice Rs.1150/- (25 Kg Bag) 18.

Absorbent cotton wool Rs.90/- per bundle 19.

Ice Box Rs.2840/- per piece

9. Learned Official Trustee has further submitted that as per the records maintained in the office of the Administrator General and Official Trustee of Tamil Nadu, the funds position of the Trust, as on 16.09.2019, is as follows:- Total Fixed Deposit Receipts Rs.4,12,17,052.00 LESS Corpus amount (-) Rs. 37,186.00 ------------------------ Rs. 4,11,79,866.00 Cash balance as on 16.09.2019 (+) Rs. 2,49,068.51 ------------------------- Funds Position as on 16.09.2019 Rs. 4,14,28,934.51 -------------------------

10. Learned Official Trustee has further contended that considering the funds position, permission can be accorded to organize poor feeding, distribution of clothes, rice bags, books 8/11

and dress materials to celebrate the 179th Birth Anniversary of Rajah Sir Ramasamy Mudaliar, which falls on 13.10.2019 and for that purpose, to utilize a sum of Rs.5,90,938/-(Rupees five lakh ninety thousand nine hundred and thirty eight only), from the funds of the Trust Estate of Raja Sir Ramasamy Mudaliar and to meet out the incidental expenses and to remit the excess balance amount, if any, to the Trust Account, after incurring the expenses.

11. Heard the learned Administrator General and Official Trustee of Tamil Nadu and perused the report dated 30.09.2019 as well as the materials available on record.

12. Considering the submissions of the learned Official Trustee, his Report dated 30.09.2019 and on the facts and circumstances of the case, learned Official Trustee is permitted to organize poor feeding, distribution of clothes, rice bags, books and dress materials for celebrating the 179th Birth Anniversary of Rajah Sir Ramasamy Mudaliar which falls on 13.10.2019 and the learned Official Trustee is further permitted to utilize a sum of 9/11

Rs.5,90,938/-(Rupees five lakh ninety thousand nine hundred and thirty eight only), from the funds of the Trust Estate of Raja Sir Ramasamy Mudaliar to meet out the incidental expenses. Excess amount, if any, is directed to be remitted to the Trust Account, after incurring the above expenses.

13. In the result, instant application is allowed, as indicated above.

03.10.2019 kk 10/11

S.MANIKUMAR, J.

kk Appln.No.7494 of 2019 in C.S.No.90 of 1963 03.10.2019 11/11