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Madras High CourtA/5800/2023ordered

The Officiial Trustee Of Tamil Nadu v. Nil

2023-11-03Honourable Mr Justice S. Vaidyanathan3 pages

Application No.5800 of 2023 in C.S. No.15 of 1950 S. VAIDYANATHAN, J.

The Administrator General and Official Trustee of Tamil Nadu (AG & OT) has filed the instant application seeking permission to utilise Rs.5 lakhs from the accumulation funds of the Trust Estate of Bhavanandam Academy of the financial year 2018-2019 to donate to Sri Ramacharan Charitable Trust, No.115, Sir P.S. Sivaswami Salai, Mylapore, Chennai. 2.

Today, when the matter was taken up for hearing, the learned AG & OT filed his detailed report dated 02.11.2023. 3.

According to Mr. N. Ramanathan, learned AG & OT, the Trust Estate of Bhavanandam Academy is being administered by the office of the AG & OT as per the scheme decree of this Court in C.S. No.15 of 1950; as per the intention of the testator, charitable activities are undertaken out of the income generated from the Trust Estate's property and fixed deposits. 4.

According to the learned AG & OT, while so, the President of Sri Ramacharan Charitable Trust, No.115, Sir P.S. Sivaswami Salai, Mylapore, Chennai 600 004, an NGO with non-profit motive, has requested financial assistance of Rs.20 lakhs for running their existing project for rendering Montessori training to the poor and deprived children attached to the Chennai schools run by the Greater Chennai Corporation vide letter

dated 07.08.2023. It is further submitted by the learned AG & OT that since there is a clause in the scheme decree for doing charities to the deserving poor students by way of scholarship and given the current financial condition of the Trust Estate, a sum of Rs.5 lakhs can be donated from the accumulation funds of the Trust Estate of the financial year 2018-2019 by invoking the "doctrine of Cypress".

5.

Considering the detailed report dated 02.11.2023 of the learned AG & OT and the submissions made by him and more so, the fact that Sri Ramacharan Charitable Trust has been working with Greater Chennai Corporation for the last two decades, which is indeed very laudable, this application is ordered as prayed for.

03.11.2023 cad To The Administrator General & Official Trustee High Court Campus Chennai 600 104

S. VAIDYANATHAN, J.

cad in C.S. No.15 of 1950 03.11.2023