Allowed

Official Trustee of Tamil Nadu v. Nil

Madras HC17 Dec 2021A/4756/2021

Case brief

AI extract

What is this about?

The Administrator General and Official Trustee of Tamil Nadu sought permission to utilize Rs.10,000 from the net income of the Kanar Vedantha Mudaliar Trust Estate to award scholarships to two eligible students for the academic year 2020-21 in accordance with the testator's will.

What did the court decide?

Permission to utilize Rs.10,000 from the net income of the Kanar Vedantha Mudaliar Trust Estate for the academic year 2020-21 to award scholarships to two eligible students.

Official Trustee of Tamil Nadu Vs Nil — Madras HC (2021) — LawSathi Research

¶1

A. No.4756 of 2021

¶2

A. No.4756 of 2021 in O.P. No.186 of 1925

¶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.10,000/(Rupees Ten Thousand Only) out of the net income for the Financial Year 2020-2021 of the Trust Estate of Kanar Vedantha Mudaliar, to award scholarships to 2 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 of Tamil Nadu humbly submits that the deceased Kanar Vedantha Mudaliar executed a Will dated 13.05.1900, appointing Tvl. P.V.Krishnasamy Chetty and V.C.Desigachari as Executors and Probate was obtained by them on 22.08.1900 in O.P.No.83 of 1900.

¶8

The Administrator General further submits that the above said Executors died without fully administering the estate. Pursuant to the directions of this Hon’ble Court in its order dt.17.3.1924, the Administrator General applied for Letters of Administration and the same was granted by this Hon’ble Court on 11.01.1926 in the above O.P.No.186 of 1925.

¶9

The Administrator General further submits that the Testator in his Will directed the executors as follows:-

¶10

“……….17. The Executors shall invest the Residue of

¶11

https://www.mhc.tn.gov.in/judis Page 1 of 7

¶12

A. No.4756 of 2021

¶13

my estate according to their discretion and apply the income in payment of scholarships to poor students by preference to students of my caste……..”

¶14

The Administrator General 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 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.

¶15

The Administrator General further submits that a common Paper Publication was effected inviting applications for different types of scholarships for the academic year 2020-21 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
5.	Selected Candidates	31
6.	Total Rejected applications	108

¶17

The Administrator General further submits that the filled

¶18

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:

¶19

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

Page 2 of 7

A. No.4756 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

¶24

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:

¶25

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

¶26

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

¶27

Page 3 of 7

¶28

A. No.4756 of 2021

¶29

The Administrator General further submits that in

¶30

K.Vedantha Mudaliar Trust Estate out of 3 candidates 2 of them are eligible for scholarship as detailed below:

¶31

Sl. No.	Description	Remarks
1.	Name of the Estate	Kanar Vedantha Mudaliar
2.	Eligibility	Students of Thuluva Vellalar Caste
3.	Total No. of filled in applications received	3
4.	No. of filled in applications received in time	3
5.	Filled in applications received out of time	--
6.	First Graduate	--
7.	Same Family	--
8.	Unfilled applications	1
9.	Out of Degree as per Advertisement	--
10.	^{Received Scholarship already from Govt/} Other sources	--
11.	^{Candidates applied more than one} academic year	--
12.	Eligible Candidates	2 (As submitted in the Annexure)

¶32

The Administrator General further submits that the Funds

¶33

Position of the Trust Estate of Kanar Vedantha Mudaliar as on 19.11.2021 is as follows:

¶34

Total Fixed Deposits Rs.2,22,545.00 Less: Corpus Rs.1,20,000.00 ----------------Rs.1,02,545.00 Cash on hand as on 19.11.2021 Rs. 4,389.00 ----------------Funds position as on 19.11.2021 Rs.1,06,934.00 -----------------

¶35

The Administrator General further submits that the

¶36

Office of the Administrator General and Official Trustee of Tamil Nadu

¶37

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

¶38

A. No.4756 of 2021

¶39

has received a total of 3 applications, out of which, after thorough scrutiny all the 2 applications were found eligible for Scholarship. The total net income available for FYs 2020-21 in the Trust Estate of Kanar Vedantha Mudaliar is Rs.14,071/-(Rupees Fourteen Thousand and Seventy One only).

¶40

The Administrator General further submits that in the years 2017-18, 2018-19 and 2019-20 scholarship was awarded to 23 students, for a sum of Rs.33,410/- (Rupees Thirty Three Thousand Four Hundred and Ten 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.3197 of 2020 in O.P. No.186 of 1925.

¶41

The Administrator General 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 2 eligible students for the academic years 2020-2021. The details of the Name of the candidate and the proposed amount of scholarship are annexed herewith.

¶42

The Administrator General, is therefore, submits and prays

¶43

that :

¶44

(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 Kanar Vedantha Mudaliar to award scholarships to 2 students for the academic year 2020-21 as detailed in the list annexed with this application.

¶45

(ii) Cost of this application should come out of

¶46

the funds of the estate.

¶47

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

¶48

https://www.mhc.tn.gov.in/judis Page 5 of 7

¶49

A. No.4756 of 2021

¶50

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

¶51

Considering the submissions made, this court grants

¶52

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 Kanar Vedantha Mudaliar, to award scholarships to 2 students as detailed in the list annexed with this application, as per the eligibility norms.

¶53

Accordingly, the application is ordered, as prayed for.

¶54

17.12.2021

¶55

Asr

¶56

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

Page 6 of 7

A. No.4756 of 2021

M.DURAISWAMY, J.

Asr

A. No.4756 of 2021 in O.P. No.186 of 1925

¶62

17.12.2021

¶63

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

¶64

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