Allowed

Official Trustee of Tamil Nadu v. Nil

Madras HC17 Dec 2021A/4755/2021

Case brief

AI extract

What is this about?

The applicant sought permission to utilize Rs.10,000 from the net income of the Mir Muzheruddin Trust Estate for FY 2020-21 to award scholarships to two eligible students. The court approved the request based on the Official Trustee's report and the trust deed's provisions.

What did the court decide?

Permission granted to utilize Rs.10,000 from the net income of the Trust Estate of Mir Muzheruddin for the Financial Year 2020-21 to award scholarships to 2 eligible students.

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

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A. No.4755 of 2021

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A. No.4755 of 2021 in A. No.2502 of 1964

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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.10,000/(Rupees Ten Thousand Only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of Mir Muzheruddin, to award scholarships to 2 students for the academic years 2020-21 as detailed in the list annexed with this application.

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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 of Tamil Nadu humbly submits that by a Deed of Trust Dt.10.10.1929 Khan Bahadur Mir Muzherrudin Sahib Bhadur made provisions for his wife Azmathunisa Begum and for his step-mother Amuthula Begum Mir Ansaruddin and for certain education purposes. The Official Trustee has been appointed as Trustee.

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The Official Trustee further submits that after the death of the said step-mother and wife of the Founder the whole of the net income of the trust should be utilized for educational purposes by providing scholarships to poor and deserving Muslim girls for study in Arts or Medicine. The persons to whom the said scholarships should be awarded, should be selected by the Official Trustee in consultation with M/s.Mir Zynuddin and Mir Amiruddin and with Mir Ahamed Shaffi, Bar-at-Law, Hyderabad , Deccan son of the Settlor’s wife’s sister or

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

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A. No.4755 of 2021

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any of them. However, the whereabouts of the said persons are not known to us. No one from the family of the founder of the trust has been in touch with the office of the Official Trustee of Tamil Nadu.

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The Official Trustee 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 2020-21 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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The Official Trustee further submits that a Common Paper Publication was effected inviting Applications for different types of scholarships for the academic years 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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5. 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. 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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https://www.mhc.tn.gov.in/judis

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A. No.4755 of 2021

Sl.
No.
1.

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

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6. The Official Trustee 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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7. The Official Trustee further submits that in Mir

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Muzherruddin Trust Estate out of 8 candidates 2 of them are eligible

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A. No.4755 of 2021

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for scholarship as detailed below:

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Sl. No.	Description	Remarks
1.	Name of the Estate	Khan Bahadur Mir Muzherruddin Sahib Bhadur
2.	Eligibility	Muslim Girl students of Arts or Medicine
3.	Total No. of filled in applications received	8
4.	No. of filled in applications received in time	8
5.	Filled in applications received out of time	--
6.	First Graduate	--
7.	Same Family	--
8.	Unfilled applications	2
9.	Male students applied [Not eligible]	1
10.	^{Received Scholarship already from Govt/} Other sources	--
11.	^{Candidates applied more than one} academic year	03
12.	Eligible Candidates	2(As submitted in the Annexure)

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8. The Official Trustee further submits that the Funds

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Position of the Trust Estate of Mir Muzherruddin as on 19.11.2021 is as follows:

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Total Fixed Deposits	Rs.2,64,639.00
Less :Corpus	Rs.1,27,500.00
	------------------ Rs.1,37,139.00
Cash on hand as on 19.11.2021	Rs. 6,234.00 ------------------
Funds position as on 19.11.2021	Rs.1,43,373.00 ------------------

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9. The Official Trustee further submits that the Office of the

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Administrator General and Official Trustee of Tamil Nadu has received a total of 8 applications, out of which, after thorough scrutiny 2

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

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A. No.4755 of 2021

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applications were found eligible for Scholarship. The total net income available for FYs 2020-21 in the Trust Estate of O.S.G.Pillai is Rs.11,781/-(Rupees Eleven Thousand Seven Hundred and Eighty One Only).

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10. The Official Trustee further submits that in the years 2017-18, 2018-19 and 2019-20 scholarship was awarded to 21 students, for a sum of Rs.21,000/- (Rupees Twenty One Thousand Only) and was distributed according to their educational qualifications as per the order of the Hon’ble High Court dated 20.01.2021 in A. No.61 of 2021 in Application No.2502 of 1964.

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11. The Official Trustee further submits that the Office of the Administrator General and Official Trustee of Tamil Nadu require a sum of Rs.10,000/-(Rupees Ten Thousand Only) for awarding scholarship for the 2 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.10,000/-(Rupees Ten Thousand Only) out of the net income of FYs 2020-21 of the Trust Estate of Mir Muzheruddin to award scholarships to 2 students for the academic years 2020-21 as detailed in the list annexed with this application.

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(ii) 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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Considering the submissions made, this court grants Page 5 of 7

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

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A. No.4755 of 2021

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permission to the learned Administrator General and Official Trustee of Tamil Nadu, to utilise Rs.10,000/- (Rupees Ten Thousand Only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of Mir Muzheruddin, to award scholarships to 2 students for the academic years 2020-21 as detailed in the list annexed with this application, 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.4755 of 2021

M.DURAISWAMY, J.

Asr

A. No.4755 of 2021 in A. No.2502 of 1964

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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?

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Official Trustee of Tamil Nadu v. Nil

Case brief

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