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Madras High CourtA/5768/2023ordered

The Official Trustee Of Tamil Nadu v. Nil

2023-11-03Honourable Mr Justice S. Vaidyanathan4 pages

S. VAIDYANATHAN, J.

The Administrator General and Official Trustee of Tamil Nadu (AG & OT) has filed the instant application seeking permission: to pay a sum of Rs.10,40,857/- to Pachaiyappa's Charities, Chennai 30, from the Trust Estate of V.Thiruvengadathan Chetty Charities for award of scholarship to 25 Arya Vysya students for the academic year 2022-2023 with a maximum ceiling as Rs.50,000/- for any individual applicant, if his claim exceeds Rs.50,000/-, as found in the annexure;

or in the alternative to pay a sum of Rs.19,47,127/- to Pachaiyappa's Charities, Chennai 30, from the income of the Trust Estate of V.Thiruvengadathan Chetty Charities for award of scholarship to 25 Arya Vysya students for the academic year 2022-2023, as found in the annexure. Today, when the matter was taken up for hearing, the learned AG & OT filed his detailed report dated 30.10.2023. According to Mr. N. Ramanathan, learned AG & OT, one Mr.Rao Bahadur V. Thiruvengadathan Chetty, who had many an immovable

property, appointed the AG & OT to be the Executor and Trustee of his estate under his last will dated 29.11.1941 and after his demise, probate was granted to the AG & OT in O.P. No.109 of 1942 and subsequently, his estate was transferred to the AG & OT as per order dated 07.04.1977 in A. No.942 of 1977 in O.P. No.109 of 1942;

The learned AG & OT further submitted that the aforesaid will provides for scholarships to Vysya students through Pachiappa's Charities, based on which, Pachaiappa's Charities, for the academic year 2022-2023, had called for applications from eligible candidates vide paper publication in Daily Thanthi dated 15.06.2003; out of 106 applications received, Pachaiappa's Charties had found 59 applicants eligible for scholarship, out of whom, the office of the AG & OT has selected 25 applicants as eligible, as set out in paragraph 8 of the report of the AG & OT. Further, according to the AG & OT, since the claim of each applicant ranges from Rs.14,250/- to Rs.2,00,500/- per year, for the sake of having uniformity in grant of scholarship, a maximum cap of Rs.50,000/- can be fixed and after fixing so, the scholarship amount can be fixed as the actual tuition fee paid by the applicant or the sum of Rs.50,000/- whichever is less.

Considering the detailed report dated 30.10.2023 of the learned AG & OT and the submissions made by him and more so, the fact that the office of the AG & OT would save a whopping sum of Rs.9,06,270/- in the event of fixation of maximum cap, as stated in the preceding paragraph, the AG & OT is permitted to pay a sum of Rs.10,40,857/- to Pachaiappa's Charities from the income of the Trust Estate of Rao Bahadur V.Thiruvengadathan Chetty towards scholarship to 25 Arya Vysya students for the academic year 2022-2023.

This application is ordered in the above terms. 03.11.2023 cad To The Administrator General & Official Trustee High Court Campus Chennai 600 104

S. VAIDYANATHAN, J.

cad Application No.5768 of 2023 in O.P. No.109 of 1942 03.11.2023