Allowed

Official Trustee of Tamil Nadu v. Nil

Madras HC17 Dec 2021A/4750/2021

Case brief

AI extract

What is this about?

The court permitted the Administrator General to utilise Rs.20,000 from the net income of the Diwan Bahadur A.Subbarayalu Reddiar Trust Estate for the financial year 2020-2021 to award scholarships to two eligible poor students of the Reddy Caste, in alignment with the testator's Will.

What did the court decide?

The court granted permission to utilise Rs.20,000 from the net income of the FY 2020-2021 of the Diwan Bahadur A.Subbarayalu Reddiar Trust Estate to award scholarships to two eligible students.

Official Trustee of Tamil Nadu Vs Nil — Education and Admissions | Madras HC (2021)

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A. No.4750 of 2021

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A. No.4750 of 2021

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M.DURAISWAMY, J.

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The Administrator General and Official Trustee of Tamil Nadu, has filed the above application, to permit him to utilise Rs.20,000/(Rupees Twenty Thousand Only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar, to award scholarships to two students as detailed in the list annexed with this application and at the rate specified against each of them.

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The learned Official Trustee, has filed a report, which reads as

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follows:

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The Official Trustee humbly submits that Late. Diwan Bahadur A.Subbarayalu Reddiar by his Will dt.20.09.1921 and a Codicil dt.17.11.1921 created a trust for the benefit of poor students belonging to Reddy Caste. The Trust is being administered by the Official Trustee of Tamil Nadu. The income of the trust properties, after meeting all lawful expenses should be utilized for the cause cause of education of poor students belonging to “Reddy Caste”.

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2. The Official Trustee further submits that to fulfill the said object the Office of the Administrator General and Official Trustee of Tamil Nadu have invited applications for award of scholarship for the years 2020-2021 in the prescribed format through advertisement in Daily Thanthi” Dt. 05.09.2021 for the fulfillment of the objectives of the Will of the Testator .

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https://www.mhc.tn.gov.in/judis

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A. No.4750 of 2021

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3. The Official Trustee further submits that a Common Paper Publication was effected inviting Applications for different types of scholarships for the academic year 2020-21 and the details of the same are tabulated below:

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Sl. No.	Description	Application Details
1.	Advertisement made inviting applications for scholarship	Paper Publication "Daily Thanthi" dt.05.09.2021
2.	Total No. of filled in applications received from the candidates	139
3.	Applications received after due date	8
4.	Total No. of filled in applications received from the candidates within due time i.e. up to 28.09.2021	131
5.	Selected Candidates	31
6.	Total Rejected applications	108

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4. The Official Trustee further submits that the filled in applications that were received within the prescribed time was scrutinized in the Office of the Administrator General and Official Trustee of Tamil Nadu and on scrutiny, some of the applications were treated as “Not eligible” for various reasons. The list of applications that were treated as not eligible and the reasons are detailed below:

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Sl. No.	Description	No. of students
1.	First Graduate	--
2.	Out of Degree as per Advertisement	23
3.	Male student of Muslim Community applied (Not Eligible)	1
4.	Incomplete Application	51
5.	Received Scholarship already from Govt./ Other sources	15
6.	Applications received after due date	8
7.	Caste Not mentioned	2

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https://www.mhc.tn.gov.in/judis

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A. No.4750 of 2021

Sl.
No.
8.

Sl. No.	Description	No. of students
8.	Candidates applied for the academic year 2021-22	8
	Total	108

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5. The Administrator General further submits that out of total 139 applications that were received in the office, 108 applications were rejected or disqualified and of remaining 31 applications were categorized under the Trust Estate, the details of which are as follows:

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Sl. No.	Name of the Estate	Total Applications Received	Not Eligible Applications	Eligible Applications
1.	K.Vedantha Mudaliar	3	1	2
2.	OSG Pillai	30	20	10
3.	CKK Pillai	6	5	1
4.	P.R.Chetty	15	10	5
5.	T.Venkata Subramaniam	69	60	9
6.	DBSR	4	2	2
7.	Mir Muzuriddhin	8	6	2
8.	G.Venkatasamy Naidu	2	2	0
9.	No Estate/Caste Not mentioned	2	2	0
	Total	139	108	31

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6. The Official Trustee humbly submits that in the Diwan

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Bahadur A.Subbarayalu Reddiar Trust Estate out of 4 candidates 2 of them are eligible for scholarship as detailed below:

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Sl. No.	Description	Remarks
1.	Name of the Estate	Diwan Bahadur A.Suubarayalu Reddiar
2.	Eligibility	Students of Reddy Caste
3.	Total No. of filled in applications received	4

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https://www.mhc.tn.gov.in/judis

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A. No.4750 of 2021

Sl.
No.
4.

Sl. No.	Description	Remarks
4.	No. of filled in applications received in time	3
5.	Filled in applications received out of time	1
6.	Unfilled applications	1
7.	Out of Degree as per Advertisement	--
8.	Received Scholarship already from Govt/ Other sources	--
9.	Candidates applied from academic year 2021-22	--
	Eligible Candidates	2 (As submitted in the Annexure)

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7. The Official Trustee humbly submits that the Funds

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Position of the Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar as on 19.11.2021 is as follows:

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Total Fixed Deposits Rs.10,95,994.00 Less: Corpus Rs. 2,50,000.00 -----------------Rs. 8,45,994.00 Cash on hand as on 19.11.2021 Rs. 1,22,446.00 -----------------Funds position as on 19.11.2021 Rs. 9,68,440.00 ------------------

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8. The Official Trustee further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu has received a total of 4 applications, out of which, after thorough scrutiny 2 applications were found eligible for Scholarship. The total net income available for FYs 2020-21 in the Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar is Rs.81,197/-(Rupees Eighty One Thousand One Hundred and Ninety Seven Only).

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9. The Official Trustee further submits that in the years 2017-18, 2018-19 and 2019-20 scholarship was awarded to 2 students, for a sum of Rs. 27,450/- (Rupees Twenty Seven Thousand Four Hundred and Fifty Only) and was distributed according to their

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https://www.mhc.tn.gov.in/judis

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A. No.4750 of 2021

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educational qualifications as per the order of the Hon’ble High Court dated 23.12.2020 in Application No.3160 of 2020. Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar.

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10. The Official Trustee further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu require a sum of Rs.20,000/-(Rupees Twenty Thousand Only) for awarding scholarship for 02 eligible students for the years 2020-2021. The details of the Name of the candidate and the proposed amount of scholarship are annexed herewith.

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The Official Trustee therefore, submits and prays that

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(i)This Hon’ble Court may be pleased to permit the Official Trustee to utilize Rs.20,000/-(Rupees Twenty Thousand Only) out of the net income of FYs 2020-21 of the Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar to award scholarships to 02 students as detailed in the list annexed with this application and at the rates specified against each of them.

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(ii) Cost of the application should come out of the funds of the Trust Estate

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(iii) To pass such other or further orders as this Hon’ble Court may deem fit in the case and thus render justice.

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Submitting as above, the learned Administrator General and Official Trustee, prays for the relief sought for in the Judge's Summons.

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https://www.mhc.tn.gov.in/judis

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A. No.4750 of 2021

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Considering the submissions made, this court grants

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permission to the learned Administrator General and Official Trustee of Tamil Nadu, to utilise Rs.20,000/- (Rupees Twenty Thousand only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of Diwan Bahadur A.Subbarayalu Reddiar, to award scholarships to two students as detailed in the list annexed with this application and at the rate specified against each of them, as per the eligibility norms.

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Accordingly, the application is ordered, as prayed for.

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17.12.2021

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Asr

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https://www.mhc.tn.gov.in/judis

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A. No.4750 of 2021

M.DURAISWAMY, J.

Asr

A. No.4750 of 2021

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17.12.2021

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https://www.mhc.tn.gov.in/judis

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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

What is this about?

What did the court decide?

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