Allowed

Official Trustee of Tamil Nadu v. Nil

Madras HC17 Dec 2021A/4752/2021

Case brief

AI extract

What is this about?

The court allowed an application by the Administrator General to utilise Rs.63,000 from the net income of the T.Venkatasubramaniam Trust Estate to award scholarships to nine eligible students pursuing technical education, in accordance with the testator's Will. The court found the procedure followed and the total applications received as detailed in the report.

What did the court decide?

Permission granted to utilise Rs.63,000 from net income of FY 2020-21 to award scholarships to nine students as detailed in the annexed list.

Official Trustee of Tamil Nadu Vs Nil — Property and Title | Madras HC (2021)

¶1

A. No.4752 of 2021

¶2

A. No.4752 of 2021 in O.P. No.28 of 1933

¶3

M.DURAISWAMY, J.

¶4

The Administrator General and Official Trustee of Tamil Nadu, has filed the above application, to permit him to utilise Rs.63,000/(Rupees Sixty Three Thousand Only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of T.Venkatasubramaniam, to award scholarships to nine students as detailed in the list annexed with this application.

¶5

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

¶6

follows:

¶7

The Administrator General humbly submits that the Office of the Administrator General and Official Trustee of Tamil Nadu is a statutory body that performs charities and other objectives as per the Will of the Testator. The Administrator General of Tamil Nadu further submits that the estate of that T.Venkatasubramaniam was originally under the administration of Administrator General of Tamil Nadu under the Letters of Administration with a copy of Will executed by that T. Venkatasubramaniam, granted to him in O.P. No.28 of 1933. Subsequently, this estate was ordered to be transferred to the Official Trustee of Tamil Nadu and since then the Trust Estate of T.Venkatasubramaniam is under the administration of the Administrator General and Official Trustee of Tamil Nadu.

¶8

The Administrator General further submits that the Will of T.Venkatasubramaniam contemplates providing scholarships to

¶9

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

¶10

Page 1 of 7

¶11

A. No.4752 of 2021

¶12

students pursuing technical education. The relevant clause in the Will reads thus:-

¶13

“……….to use the income (and not the corpus) in furtherance of technical education by granting prizes or scholarships or by organizing work-shops and classes of tuition therein or by imparting acknowledge of the 3 R’s or even higher course when their status is improved, to mill-hands out of their working hours. The only stipulation I wish to make in regard to this matter is that the endowment shall be named T.Nagaiah’s Charities and the benefits thereof shall be enjoyed by Hindus alone to the exclusion of other religious communities foreign to India……”.

¶14

The Administrator General further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu have invited applications for award of scholarship for the year 2020-2021 in the prescribed format through advertisement in “Daily Thanthi” dated 05.09.2021 for the fulfillment of the objectives of the will of the testator.

¶15

The Administrator General further submits that a Common Paper Publication was effected inviting applications for different types of scholarships for the academic year 2020-2021 and the details of the same are tabulated below:

¶16

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

¶17

https://www.mhc.tn.gov.in/judis Page 2 of 7

¶18

A. No.4752 of 2021

¶19

Sl.
No.
5.

¶20

Sl. No.	Description	Application Details
5.	Selected Candidates	31
6.	Total Rejected applications	108

¶21

The Administrator General 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. 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:

¶22

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
8.	Candidates applied for the academic year 2021-22	8
	Total	108

¶23

6. 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:

¶24

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

¶25

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

¶26

Page 3 of 7

¶27

A. No.4752 of 2021

¶28

Sl. No.	Name of the Estate	Total Applications Received	Not Eligible Applications	Eligible Applications
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

¶29

7. The Administrator General further submits that in

¶30

T.Venkata Subramaniam Trust Estate out of 69 candidates 9 of them are eligible for scholarship as detailed below:

¶31

Sl. No.	Description	Remarks
1.	Name of the Estate	T.Venkata Subramaniam
2.	Eligibility	to students pursuing technical education
3.	Total No. of filled in applications received	69
4.	No. of filled in applications received in time	66
5.	Filled in applications received out of time	3
6.	Unfilled applications	25
7.	Out of Degree as per Advertisement	23
8.	Received Scholarship already from Govt/ Other sources	7
9.	Candidates applied from academic year 2021-22	2
	Eligible Candidates	9(As submitted in the Annexure)

¶32

8. The Administrator General further submits that the Funds

¶33

Position of the Trust Estate of T.Venkatasubramaniam as on

¶34

https://www.mhc.tn.gov.in/judis Page 4 of 7

¶35

A. No.4752 of 2021

¶36

19.11.2021 is as follows:

¶37

Total Fixed Deposits Rs.19,48,576.00 Less: Corpus Rs. 1,20,000.00 -------------------Rs.18,28,576.00 Cash on hand as on 19.11.2021 Rs. 34,775.00 ------------------Funds position as on 19.11.2021 Rs.18,63,351.00 -------------------

¶38

9. The Administrator General further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu has received a total of 69 applications, out of which, after thorough scrutiny 9 applications were found eligible for Scholarship. The total net income available for FYs 2020-21 in the Trust Estate of T.Venkatasubramaniam is Rs.72,240/-(Rupees Seventy Two Thousand Two Hundred Forty Only).

¶39

10. The Administrator General further submits that in the years 2017-18, 2018-19 and 2019-20 scholarship was awarded to 48 students, for a sum of Rs.2,61,000/- (Rupees Two Lakhs Sixty One Thousand Only) and was distributed according to their educational qualifications as per the order of the Hon’ble High Court dated 23.12.2020 in Application No.3161 of 2020.

¶40

11. The Administrator General further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu require a sum of Rs.63,000/-(Rupees Sixty Three Thousand Only) for awarding scholarship for the 9 eligible students for the academic year 2020-2021. The details of the Name of the candidate and the proposed amount of scholarship are annexed herewith.

¶41

The Administrator General, therefore, humbly submits and prays that

¶42

(i)This Hon’ble Court may be pleased to permit the Administrator General of Tamil Nadu to utilize Rs.63,000/-(Rupees Sixty Three Thousand Only) out

¶43

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

¶44

Page 5 of 7

¶45

A. No.4752 of 2021

¶46

of the net income of FYs 2020-21 of the Trust Estate of T.Venkatasubramaniam to award scholarships to 9 students as detailed in the list annexed with this application.

¶47

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

¶48

(iii) Such other or further orders as this Hon’ble Court may deem fit in the case.

¶49

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

¶50

Considering the submissions made, this court grants

¶51

permission to the learned Administrator General and Official Trustee of Tamil Nadu, to utilise Rs.63,000/- (Rupees Sixty Three Thousand Only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of T.Venkatasubramaniam, to award scholarships to nine students as detailed in the list annexed with this application, as per the eligibility norms.

¶52

Accordingly, the application is ordered, as prayed for.

¶53

17.12.2021

¶54

Asr

¶55

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

Page 6 of 7

A. No.4752 of 2021

M.DURAISWAMY, J.

Asr

A. No.4752 of 2021 in O.P. No.28 of 1933

¶61

17.12.2021

¶62

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

¶63

Page 7 of 7

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?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Official Trustee of Tamil Nadu Vs the Official Trustee of Tamil Nadu

R.Sowthamani Vs The Offcial Trustee

K. Lalitha Vs The Official Trustee of Tamil Nadu

Official Trustee of Tamil Nadu Vs Nil

Official Trustee of Tamil Nadu Vs Nil

Official Trustee of Tamil Nadu Vs Nil