Allowed

Official Trustee of Tamil Nadu v. Nil

Madras HC19 Jun 2020A/1412/2020

Case brief

AI extract

What is this about?

The Official Trustee of Tamil Nadu sought permission to utilize surplus funds from the V.Thiruvengadathan Chetty Trust Estate. The bench accepted the report finding sufficient surplus and directed the creation of a scholarship scheme for Scheduled Tribe Ph.D. students and allocation of funds for publication costs, ruling under the Doctrine of Cy pres.

What did the court decide?

Permission granted to award scholarships of Rs.2 lakhs and gold medals to ST students for Ph.D. and to meet paper publication costs from the Trust Estate.

Official Trustee of Tamil Nadu Vs Nil — Property and Title | Madras HC (2020)

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19.06.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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Application Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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The Official Trustee of Tamil Nadu, High Court Campus, Chennai-600 104.

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.. Applicant in both the applications

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Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules of this Court and under Section 25 of the Official Trustee's Act 11 of 1913 and A.No.1412 of 2020 in O.P.No.109 of 1942 (in the matter of the Will of Rao Bahadur V.Thiruvengadathan Chetty (late) of No.1, West Croft, Barnaby Road, Vepery, Madras, now deceased) is filed praying to permit the Official Trustee of Tamil Nadu for granting scholarship of Rs.2 lakhs and one sovereign Gold medal each to one boy student and one girl student from the Scheduled Tribe of Tamil Nadu who has passed any P.G. degree and passed preliminary/eligibility examination of Ph.D and to submit thesis for any one of the subjects of Tamil/Tamil Literature/Dravidian Culture/Archeology/Folk/Forestry/Anatomy(Animal/plant)/Tribal

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Studies/Agricultures/Hills and alike that from the Trust Estate of VT Chetty

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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Surplus Funds commencing from the academic year 2019-2020 of Ph.D. course.

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Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules of this Court and under Section 25 of the Official Trustee's Act 11 of 1913 and A.No.1415 of 2020 in O.P.No.109 of 1942 (in the matter of the Will of Rao Bahadur V.Thiruvengadathan Chetty (late) of No.1, West Croft, Barnaby Road, Vepery, Madras, now deceased) is filed praying to permit the Official Trustee of Tamil Nadu to meet out the paper publication cost and other incidental expenses from the Trust Estate of V.K.Chetty.

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For applicant in both the applications: Mr.P.Murugan, A.G. & O.T.

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COMMON ORDER A.No.1412 of 2020 in O.P.No.109 of 1942 (in the matter of the Will

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of Rao Bahadur V.Thiruvengadathan Chetty (late) of No.1, West Croft, Barnaby Road, Vepery, Madras, now deceased) is filed praying to permit

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the Official Trustee of Tamil Nadu for granting scholarship of Rs.2 lakhs and one sovereign Gold medal each to one boy student and one girl student from the Scheduled Tribe of Tamil Nadu who has passed any P.G. degree and passed preliminary/eligibility examination of Ph.D and to submit thesis for any one of the subjects of Tamil/Tamil Literature/Dravidian

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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Culture/Archeology/Folk/Forestry/Anatomy(Animal/plant) / Tribal

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Studies/Agricultures/Hills and alike that from the Trust Estate of VT Chetty Surplus Funds commencing from the academic year 2019-2020 of Ph.D. course.

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A.No.1415 of 2020 in O.P.No.109 of 1942 (in the matter of the

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Will of Rao Bahadur V.Thiruvengadathan Chetty (late) of No.1, West Croft, Barnaby Road, Vepery, Madras, now deceased) is filed praying to permit the Official Trustee of Tamil Nadu to meet out the paper publication cost and other incidental expenses from the Trust Estate of V.K.Chetty.

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The learned Administrator General and Official Trustee (A.G. & O.T) has filed a report, dated 15.06.2020, stating as follows:

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(a) The office of the Administrator General and Official Trustee of

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Tamil Nadu have been administrating more than 200 Trust Estates. There

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are properties to Trust Estates and rental income deriving from it are put in Fixed Deposits. Out of the rental and interest income, the Office of the AG & OT have been doing charities, maintenance to the beneficiaries,

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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scholarship to the students, salary to estate staff, making statutory charges to government, paying income tax and meeting other necessary expenses. Apart from that, as per the orders of this Court, donation by way of articles and medical equipments etc. have been made to the NGOs and other institutions based on their request.

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(b) There are about more than 20 Major Trust Estates with the administration of the office of the AG & OT. Those Trust Estates have immovable properties of land and buildings. From the immovable properties, monthly rent has been collected from the tenants. There are Fixed Deposits in the Bank. Out of the Fixed Deposits, interest income also got generated. The object of the Trust has been done then and there.

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been available, once a request has been received from a NGO, Government

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Institution, and an individual for donation either by cash or articles/equipment/vehicle etc., the same has been considered by this Court

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and this Court directed the Official Trustee to do the same. It has been done then and there.

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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(d) The Testator, namely, V.Thiruvengadathan Chetty appointed the

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Official Trustee of Tamil Nadu to be the Executor and Trustee of his Will dated 29.11.1941. Probate was granted to the Administrator General of Tamil Nadu in O.P.No.109 of 1942. Subsequently the Estate of Rao Bahadur V.Thiruvengadathan Chetty has been transferred to the Office of the Official Trustee of Tamil Nadu as per the order dated 07.04.1977 in Application No.942 of 1977 in O.P.No.109 of 1942. The Trust Estate of VT Chetty has various properties and fixed deposits. Out of the income generated from it, the charities had been done as per the intention of the Testator and the orders of this Court.

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(e) In the recent past, the monthly rent was slightly enhanced or vacant property was let out and out of it, the said Trust Estate's monthly income has increased. As on 2019-2020, a sum of Rs.6,98,82,156.57 is available with the Official Trustee as total surplus amount of the Trust

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Estate subject to auditor’s final statement / report.

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(f) The main purpose of forming a Trust Estate in large number of

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cases is to help the society, particularly the poor. Though the office of AG

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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& OT have been performing and doing the charity as per the intention of the Testator and orders of this Court, there are some surplus amount which may be utilized to award scholarship to the deserving students who are doing research degree of Ph.D. in any one of the main subjects of Tamil/Tamil Literature / Dravidian Culture / Archeology / Folk / Forestry / Anatomy [Animal/Plant] / Tribal Studies/Agricultures / Hills. In similar set of facts, this Court had already permitted the Official Trustee of Tamil Nadu to award scholarship to the students who secured highest marks in their +2 examination, as per the orders in A.No.5293 of 2005 and A.No.5294 of 2005.

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(g) The people, particularly Schedule Tribe, are living in a poor condition having no adequate resources and access. To encourage the students from the Schedule Tribe, a scholarship scheme may be framed from the surplus funds available in the Trust Estate of VT Chetty. The scholarship scheme is awarding Rs.2,00,000/- with one sovereign Gold medal each to one boy student and one girl student who has passed any P.G. degree and passed preliminary / eligibility examination of Ph.D. and to submit thesis for any one of the main subjects of Tamil/Tamil Literature/Dravidian Culture/Archeology/Folk/Forestry/Anatomy

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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[Animal/Plant]/Tribal Studies/Agricultures/Hills from the Schedule Tribe people across the state of Tamil Nadu.

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(h) The eligibility criteria, selection procedure for scholarship and the procedure to call for application from students to award the scholarship, are given below:-

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(A) Eligibility for Scholarship Award

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(i) The student should a Schedule Tribe (ST) residing in Tamil Nadu as declared by the appropriate Government. A Proof of Community Certificate is must.

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(ii) One boy student and one girl student is eligible to avail this Gold medal and Cash scholarship award.

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(iii) The student must have passed any P.G. degree.

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(iv) The student should have been doing Ph.D. from any recognised University and passed preliminary/eligibility examination to submit thesis for any one of the subjects of Tamil/Tamil Literature/Dravidian Culture / Archeology / Folk / Forestry / Anatomy[Animal/Plant] / Tribal Studies / Agricultures / Hills and alike that. A bona-fide certificate from the college is must.

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(v) The student, who is studying in Government university will be

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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given first preference.

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(vi) If no student is available from Government university, student, who is studying in deemed university will be given lastb vpreference.

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(B) Conditions for Selection Procedure

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The students, whoever fulfils the above eligibility conditions, only be considered for further filtering to award scholarship in the following preference.Those conditions are:

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(i) The student who secured highest mark in the preliminary/eligibility examination of Ph.D., would be selected to award scholarship in the respective category of boy and girl student.

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(ii) In the event of more than one students securing equal marks in the preliminary/eligibility examination of Ph.D,, the selection of student would be on the basis of highest mark in their P.G.. degree examination.

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(iii) Even in the case of more than one students securing equal marks in the preliminary/eligibility examination of Ph.D and P.G.degree , then the selection would be on the basis, who is

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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continuing the research degree without any break from their P.G. degree.

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(iv) Even in the case of more than one students standing as equal marks in the preliminary/eligibility examination of Ph.D., P.G. degree and continuing their Ph.D. degree without any break from their P.G. degree, then based on their date of birth, the younger would be considered for award of scholarship.

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(v) Even in the case of more than one students i.e. two students standing as equal marks in the preliminary/eligibility examination to Ph.D., P.G. degree, continuing their Ph.D. degree without any break from their P.G. degree and their date of birth is the same, then the scholarship award would be equally shared.

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(vi) If more than two students are eligible to the category of condition (v), then they are eligible only to cash award of Rs.1,00,000/- each without any gold medal.

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The office of AG & OT have to follow the following procedures step by step to call for application to award scholarship:-

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This scholarship scheme should be known to general public, particularly the S.T. people, for which Newspaper message be

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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given well in advance through proper procedure. It should also be published in the official website of AG & OT in future, and in the meantime, through the District Court website of City Civil Court, Chennai and also other District Courts website in Tamil Nadu

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Advertisement may be given in any of leading daily Tamil Newspapers across the State of Tamil Nadu.

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If necessary, the advertisement may also be published in any one of daily English Newspapers across the State of Tamil Nadu.

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The paper publication for public notice shall be given between September and October of every year by giving minimum one month time to apply.

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The AG & OT must have to write a letter well in advance between September and October of every year to the District Collector / District Social Welfare Officer / District Tribal Department, Tamil Nadu Tribal Department, Chennai, Universities in Tamil Nadu and others, if necessary, with a request to display the notice in their notice board and to possible cases circulate the notice to all colleges in their jurisdiction/control to know about the scholarship.

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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As soon as the applications are received, it should be processed and finalised as per the eligibility and other conditions stated in this scheme and award of the scholarship would be within February of the next year. Even in any extraordinary circumstances, the award of scholarship should be given before the end of the financial year, i.e. on or before

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March 31^st .

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(i) The students studying from the Schedule Tribal is poor and there is no second opinion on this point. By way of Doctrine of Cypress, this Court has power to extend the scope of scholarship to help the poor Schedule Tribe students.

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In view of the above mentioned report of the AG & OT, to encourage the students from Schedule Tribe, these applications have been filed by the A.G. & O.T. for the reliefs stated supra.

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This Court heard the submissions made by the learned A.G .& O.T. and perused the materials available on record.

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Taking into consideration the above report submitted by the

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learned A.G. & O.T., and on a perusal of the same, this Court accepts the

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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said report and accordingly, both these applications are ordered as prayed

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for.

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19.06.2020
Speaking Orders: Yes
rsh/cs
To
The Administrator General and Official Trustee of Tamil Nadu,
High Court,
Madras.

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A.Nos.1412 and 1415 of 2020 in O.P.No.109 of 1942

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R.SUBBIAH, J

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cs
Appln. Nos.1412 and 1415 of 2020
in
O.P.No.109 of 1942
19.06.2020

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Official Trustee of Tamil Nadu v. Nil

Case brief

What is this about?

What did the court decide?

Official Trustee of Tamil Nadu v. Nil

Case brief

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