Official Trustee Of Tamil Nadu v. Nil
P.N. PRAKASH, J.
The Administrator General and Official Trustee has filed the instant application seeking permission to donate Rs.6,29,600/- from the accumulation funds of the financial year 2018 -2019 of the Trust Estate of C. Kandasamy Naidu to Jeevodaya Public Charitable Trust, No. 1/272, (Old No. 1/86), Kamaraj Road, Mathur, Manali P.O., Chennai - 600 068, for purchase of 64 KV generator.
In support of the Judge's summons, the Administrator General and Official Trustee has filed his report dated 21.11.2022, which reads thus: "1.
The Official Trustee of Tamil Nadu submits that the office of the Administrator General and Official Trustee of Tamil Nadu [AG & OT] is administrating more than 150 Trust Estates. There are properties to the Trust Estates and the 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, granting maintenance to the beneficiaries, providing scholarship to the students, salary to estate staff, making statutory charges to government, paying income tax, meeting other necessary expenses. Apart from that, as per the orders of the Hon'ble High Court donations are being made by way of things, articles and medical instruments etc. to the NGOs and other institutions based on their request. The AG & OT further submits that the Trust Estate of C.
Kandasamy Naidu is one among the trust estates which is vested with this office as per the last Will of the Testator dated 21.05.1948 [D1], and as per the letters of administration of the Hon'ble High Court in O.P.No.278 of 1948 dated 05.10.1948. The Trust Estate of C. Kandasamy Naidu has various properties and fixed deposits.
Hon'ble Court.
3.
The AG & OT further submits that the the accumulation of funds for FY 2018-2019 of the Trust Estate of C. Kandasamy Naidu, needs to be spent within five years before FY 2023-2024. The available accumulation of funds shall be donated to the NGO's requesting for donation.
4.
The AG & OT further submits that the Administrator General and Official Trustee of Tamil Nadu was permitted to donate the following to Jeevodaya Public Charitable Trust ,No. 1/272, (Old No. 1/86), Kamaraj Road, Mathur, Manali P.O., Chennai - 600 068 as detailed below D2 :- Sl.
No.
A.No.
Order Date Amount Order Contribution towards 1.
A.4048 & 4049/2010 30.07.2010 7,93,319/- Purchase of Ambulance.
A.1382 & 1383/2020 19.06.2020 7,13,201/- Medical equipment and bedside lockers 3.
Various App. Nos.
every year Rice Bags, Groceries, Medical Equipment, Etc On the occasion of the Birth Anniversary of Raja Sir Ramasamy Mudaliar (T/E RSRM) 5.
The AG & OT further submits that one Sr. Treesa Paul FCC, Executive Director of Jeevodaya Public Charitable Trust, No. 1/272, (Old No. 1/86), Kamaraj Road, Mathur, Manali P.O., Chennai - 600 068, an NGO, has given a letter dated 26.10.2022 [D3] stating that the Jeevodaya Hospice are able to admits only cancer patients and neglect many aged persons who are otherwise bedridden from poor economic and social community need palliative care in an institutional setting. Hence, to add another milestone to their journey by providing holistic 'End of Life' care in a new shelter for the Geriatric bedridden who are in need of palliative care, illness, accident or advanced old age. They have proposed the new venture at Nemallur, Thiruvallur District, Tamil Nadu where Jeevodaya Public Charitable Trust has acquired 4.6 acres of land. The Geriatric Hospice will accommodate 50 to 60 bedridden elderly and will provide services completely free to all its inmates without any discrimination. Now, they
are in the process of finding donors to equip the hospice so as to make them ready to admit the patients.
6.
The AG & OT further submits that the Geriatric Hospice is a rural project and the construction of the building is under process. In order to equip the same they are in need of of the following : Sl. No Items Amount Kitchen Equipment Rs. 8,09,745/- Commercial Washing Machine Rs.7,25,700/- Generator 62kv Rs.6,29,600/-
7. The AG & OT further submits that the Administrator General and Official Trustee of Tamil Nadu has proposed to donate the Generator 62 kv which costs Rs. 6,29,600/- (Six Lakh Twenty Nine Thousand and Six Hundred only) for which Jeevodaya Public Charitable Trust has furnished three quotations as detailed below. [D4].
Sl.No Description Name of the suppliers Amount Generator 62 kv 1.
Vulture Power Engineering Private Limited, No. 389/2, Vellalar Street, Ayanambakkam, Chennai - 95.
Instant Power Enginnering, No. 4, Annai Indra Ghandi Street, Kilpauk Garden Road, Chennai - 600 010.
3.
Genlite Engineering Private Limited, No.56/57, 1st Floor, Officer's Colony, 3rd Rs. 6,29,600/- (Incl. GST) Rs.6,96,000/- (Incl. GST) Rs.6,50,146/- (Incl. GST) Street, Mehta Nagar, Chennai - 600 029.
8.
The AG & OT further submits that the Administrator General and Official Trustee of Tamil Nadu may be permitted to donate Rs.
6,29,600/- (being the least quoted amount from the above quotations) for the purchase of Generator 64kv by Jeevodaya Public Charitable Trust for their new project at Nemallur, Thiruvallur District, Tamil Nadu 9.
The AG & OT further submits that the accumulated funds of FY 2018 -19 from the Trust Estates of C.Kandasamy Naidu, may be utilized for donating to Jeevodaya Public Charitable Trust. The Administrator General and Official Trustee of Tamil Nadu, therefore, humbly submits and prays:
i. To permit the Administrator General and Official Trustee of Tamil Nadu to donate Rs.6,29,600/- (Six Lakh Twenty Nine Thousand and Six Hundred only) from the accumulation funds of FY 2018 - 19 of the Trust Estate of " C. Kandasamy Naidu" to Jeevodaya Public Charitable Trust, No. 1/272, (Old No. 1/86), Kamaraj Road, Mathur, Manali P.O., Chennai - 600 068 purchase of Generator 64kv and thus render justice."
Having heard the submissions made by the Administrator General and Official Trustee and perused the materials available on record, this Court accepts the report dated 21.11.2022 filed by the Administrator General and Official Trustee and accordingly, this application stands ordered. 19.12.2022 cad
P.N. PRAKASH, J.
cad To The Administrator General & Official Trustee of Tamil Nadu High Court Madras A. No.5302 of 2022 in O.P. No.278 of 1948 19.12.2022