Madras High Court
The Administrator General vs Unknown on 2 June, 2021
Order dated 02.06.2021 in
A.Nos.2034 to 2036 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 02.06.2021
Coram:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
Application Nos.2034 to 2036 of 2021
The Administrator General
and Official Trustee of Tamil Nadu,
High Court Campus,
Chennai-600 104. .. Applicant in all the applications
Application No.2034 of 2021 filed and Judge's Summons issued
under Order XIV Rule 8 of the Original Side Rules of this Court and under
Section 25 of the Official Trustees Act 11 of 1913, praying to permit the
A.G. & O.T. to donate Rs.16,00,000/- from the accumulated funds of FY
2017-2018 from the Trust Estate of V.T.Chetty to the Secretary,
Pachaiyappa's Trust, Chennai-30 to erect the statue of Vallal
C.Pachaiyappar and construct Manimandapam inside the premises of
Pachaiyappa's Branch Secondary School, Kanchipuram and Pachaiyappa's
Higher Secondary School, Chidambaram.
Application No.2035 of 2021 filed and Judge's Summons issued
under Order XIV Rule 8 of the Original Side Rules of this Court and under
Section 25 of the Official Trustees Act 11 of 1913, praying to permit the
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A.G. & O.T. to donate Rs.14,00,000/- from the accumulated funds of FY
2018-19 from the Trust Estate of C.K.Naidu to the Secretary, Pachaiyappa's
Trust, Chennai-30 to erect the statue of Vallal C.Kandasamy Naidu and
construct Manimandapam insde the premises of C.Kandasamy Naidu
College for Men, Chennai and C.Kandasamy Naidu College for Women,
Cuddalore.
Application No.2036 of 2021 filed and Judge's Summons issued
under Order XIV Rule 8 of the Original Side Rules of this Court and under
Section 25 of the Official Trustees Act 11 of 1913, praying to permit the
A.G. & O.T. to donate Rs.20,00,000/- from the accumulated funds of FY
2019-20 from the Trust Estate of N.V.Ammal to the Secretary,
Pachaiyappa's Trust, Chennai-30 to construct Sivan Temple in the Vallal
Pachaiyappa's Trust land at Andarmullippallam Village and Post, Cuddalore
Taluk and District.
For applicant : Mr.P.Murugan, A.G. & O.T. in all the applications
COMMON ORDER
These three applications are filed for the following reliefs:
(a) Application No.2034 of 2021 is filed praying to permit the A.G. &
O.T. to donate Rs.16,00,000/- from the accumulated funds of FY 2017-2018
from the Trust Estate of V.T.Chetty to the Secretary, Pachaiyappa's Trust,
Chennai-30 to erect the statue of Vallal C.Pachaiyappar and construct
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Manimandapam inside the premises of Pachaiyappa's Branch Secondary
School, Kanchipuram and Pachaiyappa's Higher Secondary School,
Chidambaram.
(b) Application No.2035 of 2021 is filed praying to permit the A.G. &
O.T. to donate Rs.14,00,000/- from the accumulated funds of FY 2018-19
from the Trust Estate of C.K.Naidu to the Secretary, Pachaiyappa's Trust,
Chennai-30 to erect the statue of Vallal C.Kandasamy Naidu and construct
Manimandapam insde the premises of C.Kandasamy Naidu College for
Men, Chennai and C.Kandasamy Naidu College for Women, Cuddalore.
(c) Application No.2036 of 2021 is filed praying to permit the A.G. &
O.T. to donate Rs.20,00,000/- from the accumulated funds of FY 2019-20
from the Trust Estate of N.V.Ammal to the Secretary, Pachaiyappa's Trust,
Chennai-30 to construct Sivan Temple in the Vallal Pachaiyappa's Trust
land at Andarmullippallam Village and Post, Cuddalore Taluk and District.
2. The learned A.G. & O.T. has filed a report, dated 21.05.2021
stating as follows:
(a) The office of the Administrator General and Official Trustee of
Tamil Nadu [AG & OT] had been administrating more than 150 Trust
Estates. There are properties in the Trust Estates and rental income deriving
from it are put it in fixed deposit. Out of the rental and interest income the
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O/o AG & OT has been doing charities, maintenance to the beneficiaries,
scholarship to the students, salary to estate staff, making statutory charges to
government, paying income tax, meeting other necessary expenses. Apart
from that, as per the orders of the Hon’ble High Court donation by way of
things, articles and medical machines etc. have been given to the NGOs and
other institutions based on their request.
(b) The Official Trustee of Tamil Nadu is administering one of the
Trust Estate of C.Kandasamy Naidu as per his last Will dated 21.05.1948.
This Court granted letters of administration to the Official Trustee by its
order dated 05.10.1948 in O.P.No.278 of 1948.
(c) The Testator namely, V.Thiruvengadathan Chetty appointed the
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.
(d) The Trust Estate of N.Visalakshi Ammal is under the
administration of the Official Trustee of Tamil Nadu as per Scheme Decree
dated 22.02.1915 in C.S. No. 363 of 1912.
(e) These Trust Estates have various properties and fixed deposits.
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Out of the income generated from it the charities has been done as per the
intension of the Testator and the orders of this Hon’ble Court. These three
Trust Estates are residuary estates to the Pachaiyappa’s Trust, Chennai-30
where the remaining income on every year to be given to Pachaiyappa’s
Trust for their charity.
(f) As per the judgment of the Division Bench of this Court, dated
23.12.2020 in O.S.A.No.346 of 2019 Batch, the Administrator General and
Official Trustee of Tamil Nadu has been appointed as Administrator of
Pachaiyappa’s Trust to administer its properties and institutions. The AG &
OT has assumed charge of the Administrator of Pachaiyappa’s Trust on
08.01.2021.
(g) So far, the AG & OT has inspected some of the properties in
Chennai, Cuddalore, Sirkazhi and Thiruvaiyaru. In addition to that the AG
& OT has inspected five schools and four colleges in Chennai,
Kancheepuram, Cuddalore and Chidambaram.
(h) During his inspection, the Principals of C.Kandasamy Naidu
College for Men, Chennai and C.Kandasamy Naidu College for Women,
Cuddalore, the Headmasters of Pachaiyappa’s Branch Secondary School,
Kanchipuram and Pachaiyappa’s Higher Secondary School, Chidambaram
made an appeal that to remember the Vallal C.Kandasamy Naidu and
Pachaiyappar is it just and necessary to erect their statue and put up
manimandapam in their colleges and schools respectively. Further the
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tenants in the Pachaiyappa’s Trust property at Andarmullippallam Village,
Cuddalore made an appeal stating that the Vallar Pachaiyappar had
worshipped Lord Shiva in that land by offering pooja whenever
Pachaiyappar stayed in that village. There is a big Shivalingam with
Avudaiyar in that land in a hut. The priest of the Temple and tenants in the
land have also made an appeal to help them to put up a pucca Temple to
worship Lord Shiva by the tenants as well as the nearby village people.
(i) After interacting with them, then it was discussed with the
Secretary and Estate Officer to the Pachaiyappa’s Trust. They have also
made the same proposal. As stated above, the above three Trust Estates are
residuary estates as per the intention of the Testators and whatever the net
income it is to be given to the Pachaiyappa’s Trust for their charity purpose.
It has been done then and there. Even Vysya community students
scholarship has been given from the V.T.Chetty Trust Estate to the
scholarship applications sent by the Pchaiyappa’s Trust. Recently, as per
orders of this Hon’ble Court students studying in the five Pachaiyappa’s
schools and six colleges run by the Pachaiyappa’s Trust different types of
meritorious award has been ordered from the above three Trust Estates in
A.Nos.1397 to 1401 of 2021(C.K.Naidu), A.Nos. 1391 to 1396 of 2021
(V.T.Chetty), A.Nos.1468 to 1473 of 2021 (N.V.Ammal) from the
academic year 2021 /2022.
(j) Since the AG & OT is the administrator of the Pachaiyappa’s Trust
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and on looking in the financial appeals of Pachaiyappa’s Trust it is in a poor
condition and therefore, it could not be possible to erect statue and
manimandapam and construct Lord Shiva Temple from the funds of
Pachaiyappa’s Trust. As the residuary estates, the AG & OT is of the firm
opinion from and out of the recent accumulation of funds from the above
three estates may be utilized to meet out their request. In the mean time, the
Principals of the above two colleges, the Headmasters of the above two
schools, the temple priest, one local stapathi and tenants in the land made a
written appeal in different dates and the same were forwarded by the
Secretary, Pachaiyappa’s Trust to the O/o AG & OT in different dates.
(k) The statue of Vallal C.Kandasamy Naidu is in a half upper
position and stone statue may cost about Rs.1 lakh and construction of
manimandapam may cost about Rs.5 lakhs. The two colleges of
C.Kandasamy Naidu one at Chennai and another at Cuddalore is under the
administration of Pachaiyappa’s Trust. For erection of statue and
manimandapam in both places, the approximate cost may come to Rs.12
lakhs. Since COVID-19 lock down is in force the construction work may be
commenced after the normalcy comes. During the period, the cost of
material and attending expenses may go up. Altogether, maximum Rs.14
lakh for two statues and manimandapams is just and necessary. The said
amount may be given to the Secretary, Pachaiyappa’s Trust, Chennai from
the C.Kandasamy Naidu Trust Estate.
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(l) The Vallal Pachaiyappar statue is in full size with a student and to
make his stone statue, the cost may comes to Rs.2 lakhs and construction of
manimandapam may comes to Rs.5 lakhs. For both the schools, one at
Kanchipuram and another at Chidambaram, the total cost may come to
Rs.14 lakhs. Since COVID-19 lock down is in force the construction work
may be commenced after the normalcy comes. During the period, the cost
of material and attending expenses may go up. Altogether, maximum Rs.16
lakhs for two statues and manimandapams is just and necessary. The said
amount may be given to the Secretary, Pachaiyappa’s Trust, Chennai from
the V.T.Chetty Trust Estate.
(m) The Lord Shivalingam and Avudaiyar found in the Pachaiyappa’s
Trust property at Andarmullippallam, Cuddalore is in a big size of about
four and half feet radius of Avudaiyar. To put up Temple, adhara mandapam
with balipeedam, nandi and other idols of Pillaiyar, Murugan, Goddess etc.
even in a medium size temple (10 x 20 feet), the cost of construction with
Kumbhabhishekam expenditure may comes to Rs.18 lakh. Since COVID-19
lock down is in force the construction work may be commenced after the
normalcy comes. During the period, the cost of material and attending
expenses may go up. Altogether, maximum Rs.20 lakh for temple
construction is just and necessary. The said amount may be given to the
Secretary, Pachaiyappa’s Trust, Chennai from the N.V.Ammal Trust Estate.
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(n) All the statues, idols work order and construction work could be
commenced only after collection of quotation or estimation from the
contractors and work may be completed between 3 and 6 months once
COVID-19 lock down relaxation comes to effect. If the place is not suitable
to erect statue and manimandapam of Pachaiyappar at Pachaiyappa’s Higher
Secondary School, Chidambaram, the Secretary of Pachaiyappa’s Trust is
given an option to choose another place in another Pachaiyappa’s Primary
School, Sabhanayakar Street, Chidambaram and to do the same. All the
four manimandapams shall be in same pattern with size. Stone inscription
must be placed in all manimandapams about the donation made by the office
of AG & OT.
(o) In a given circumstance, the funds from the above three Trust
Estates may be handed over to the Secretary, Pachaiyappa’s Trust, Chennai-
30 with direction to keep this amount in a separate bank account for
exclusively purpose of the work and have separate account books, ledger
etc. The Secretary, Pachaiyappa’s Trust has to call for quotation or
estimation etc. from the contractors, finalize the same and to complete the
work within 3 to 6 months. Temple work may cause some delay and,
therefore, for completion of temple work maximum 12 months period is
given.
(p) Recently, one Mr.D.Rajagopal, Administrator of Arulmigu Sri
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Order dated 02.06.2021 in
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Anandavalli Udanurai Kailasanathar Temple, Tharappakkam, Porur,
Chennai has requested the AG & OT for charities to renovate the said
temple. As per the order of this Hon’ble High Court the AG & OT has
donated some amount to renovate the said temple. It is a very old Sivan
Temple of more than 1500 years. He has been developing the said temple
since 10 years. He has much exposure about the Agama Vidhis about
Saivaite Temple and has been helping the other Siva Temples in and around
Chennai. He has very good contact of Siddhar, Sivanadiyar and Anmeega
Gurukkal. His service about the temple plan, estimation, foundation and
connected Agama Vidhis to construct the temple, has to be utilized by the
Secretary, Pachaiyappa’s Trust.
(q) Mr.C.S.S.Pillai, Advocate of Hon’ble High Court of Madras, is
also panel advocate to the O/o AG & OT and Pachaiyappa’s Trust has much
exposure about Sivan Temple. The AG & OT knew him for the past 8 years
and above and during these periods he gained much knowledge about Lord
Shiva Temple from him. He is also Sivanadiyar. His knowledge has to be
utilized for construction of Lord Shiva Temple in the Pachaiyappa’s land at
Cuddalore district.
(r) The Secretary, Pachaiyappa’s Trust shall have to consult with
Mr.D.Rajagopal, Administrator of Arulmigu Sri Anandavalli Udanurai
Kailasanathar Temple, Tharappakkam, Porur, Chennai and his address is at
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Order dated 02.06.2021 in
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No.1, 3rd street, D-G, Sai Jyothi Flat, Satyavathi Nagar, Officer’s Colony,
Padi, Chennai-50, Phone Nos. 95661 42175 and 98414 89458 and Mr.
C.S.S.Pillai, panel advocate to both O/o AG & OT and Pachaiyappa’s Trust,
having office at No.3 Law Chambers, High Court of Madras, Chennai-104,
Phone Nos. 93800 22112 and 94439 94801 for all aspects of to identify
the right place to construct the temple, plan, estimation, finalization of
contract, erection of God and Goddess idols and conducting
Kumbhabhishekam and other related activities. Their consultation shall be
concurrence for all the aspects.
(s) The Secretary shall have to consult and get the views of the Estate
Officer of Pachaiyappa’s Trust for execution of work and then appraise the
matter to AG & OT in a periodical manner and followed by submit a work
progress report in writing on monthly basis with photograph. This amount
should not be used for any other purpose except the above referred work.
(t) In the event of any shortage of funds for any one of works, if any
surplus amount from other work may be adjusted to the shortage of funds.
If the amount goes higher than the total amount donated additional donation
would not be given by AG & OT. The Secretary, Pachaiyappa’s Trust has
to meet out the additional amount, if any, from Pachaiyappa’s Trust to
complete work. As soon as the work is completed and final statement is
submitted to the O/o AG & OT, the bank account opened for the purpose
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Order dated 02.06.2021 in
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shall be closed.
Hence, these three applications are filed for the reliefs stated supra.
3. This Court heard the submissions made by the learned A.G .& O.T.
and perused the materials available on record.
4. Taking into consideration the above report submitted by the
learned A.G. & O.T., and on a perusal of the same, this Court accepts the
above said report of the learned A.G. & O.T. Accordingly, these
applications are ordered as prayed for.
02.06.2021
Speaking Order: Yes
cs
To
The A.G. & O.T.,
High Court Campus,
Chennai-600 104.
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R.SUBBIAH, J
cs
A.Nos.2034 to 2036 of 2021
02.06.2021
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