A.No.1530 of 2010 in T.O.S.No.4 of 1940 V.PERIYA KARUPPIAH,J., This application has been filed by the Administrator General of Tamil Nadu praying for passing an order with regard to the administration of the schedule mentioned property as Sole Legatee under the Will of the deceased Mrs.Sivakamu Ammal having effect limited to State of Tamil Nadu. 2. The Administrator General and the Official Trustee of Tamil Nadu had stated in the report which would briefly stated as follows:- In terms of a WILL dated 21.09.1938, one Sivakamu Ammal, wife of late S.M.Kumraswami, had appointed and nominated one Sambanda Chettiar and Narasimha Achari as Executors in regard to the property bearing Door No.230, Linghi Chetty Street, Madras-1, and the other properties of the Testatrix for the purpose of collecting the income from the properties of the Testatrix and for conducting charities as delineated in the above mentioned WILL was duly registered in the office of the Registrar of Madras, Chingleput District on 28.09.1938, as Document No.44/1938. 2(2) A codicil dated 23.08.1939, was executed by the aforementioned Testatrix in terms thereof, the above mentioned executors viz. Sri Sambanda Chettiar and Sri Narasimha Achari, were retained as the Executors and minor modifications were made in terms of the "Codicil" to the above said WILL dated 21.09.1938. 2(3) The Testatrix, Ms.S.M.Sivakamu Ammal, wife of late S.M.Kumaraswai, had died on the first of September, 1939, at No.230, Linghi Chetty Street, George Town, Madras, and as a sequel thereto the administration of the estate of the abovementioned S.M.Sivakamu Ammal, was granted in favour of the abovementioned N.Sambanda Chettiar and A.S.Narasimha Achari, by an order passed by this Court dated 19.03.1941, and made in T.O.S.No.4/1940 (O.P.No.11/1940). I respectfully submit that one of the executors adverted to herein above viz. Sambanda Chettiar, had died on 06.01.1989, at No.55, 5th Main Road, Jawahar Nagar, Chennai  600 082 and the other executor viz. Narasimha Achari had also died at No.48, Muthumari Chetty Street, Geroge Town, Madras. The petitioner further submits that the WILL under reference recites that in the wake of the death of the executors of the WILL, the schedule mentioned property shall vest with the Pachaiyappa's Trust Board, or shall vest with the Official Trustee of Tamil Nadu. 2(4) One Mrs.Rajeswari who is residing as a tenant in the property referred to above has informed the petitioner that the property under reference is not being properly maintained by the descendants of the testatrix, and in its wake thereof the utility of the property is materially affected. 2(5) In the wake of the death of the abovementioned executors of the WILL, the aforementioned property viz. house property bearing Door No.230, Linghi Chetty Street, Chennai  600 001, is not being managed and administered in consonance with the intentions of the Testatrix. There is no person to manage and administer the abovesaid property, persons purportedly claiming to be the descendants of the said Testatrix are occupying the property under reference and are committing acts waste in the aforementioned property consummately impairing the utility of the property, it is just and necessary that the above mentioned immovable property has to be preserved and protected. No person has initiated any proceedings for the protection of the estate. 2(6) The above mentioned Testatrix died on 01.09.1939, possessed of the house property bearing Door No.230, Linghi Chetty Street, Chennai  600 001 and the (market) value of the said property would far exceed the sum of Rs.50,000/- and the executors appointed under the WILL dated 21.09.1938 viz. Sambanda Chettiar and Narasimha Achari, having died, and since no person has initiated any legal proceeding for the protection and preservation of the above mentioned immovable property, and as there is an apprehension of misappropriation, deterioration or wastage of the said property and diminution of the value of the property, it is just and necessary that the above said immovable property is to be protected and preserved, and hence in the interest of justice the Administrator General of Tamil Nadu may be directed to administer the above mentioned immovable property. 2(7) The applicant hereby undertake to duly administer the property and credits of the said Mrs.Sivakamu Ammal deceased in any way concerning her WILL by paying her debts and then the legacies therein bequeathed so far as the assets will extend and to make a full and true inventory thereof and also to render to this Court a true account of the said property and credits within one year from the said date. 3. The respondent namely The Pachaiappa's Trust Board would state in its counter in the form of report would be as follows:- The application praying for administration of the property belongs to the deceased Mrs.Sivakamu Ammal is not maintainable and the same is liable to be dismissed. 3(2) One Mrs.Sivakamu Ammal, wife of late S.M.Kumaraswami had executed the Will dated 21.09.1938 and had appointed and nominated one Mr.Sambanda Chettiar and Mr.Narasimha Achari as executors in regard to the property bearing Door No.230, Linghi Chetty Street, Chennai-600 001, and the other properties of the testatrix for the purpose of collecting the income from the properties of the Testatrix and for conducting charities as delineated in the above mentioned Will was duly registered as document bearing No.44/1938, dated 28.09.1938 in the office of the Registrar, Madras. 3(3) A codicil dated 23.08.1939, was executed by the aforementioned testatrix in terms whereof the above mentioned executors viz., Sri Sambanda Chettiar and Sri. Narasimha Achari were retained as the executors and minor modifications were made in terms of the codicil to the above said Will dated 21.09.1938. Further the Testatrix Mrs.S.M.Sivakamu Ammal, wife of late S.M.Kumaraswami had died on 01.09.1939 at No.230, Linghi Chetty Street, George Town, Chennai and as a sequel thereto the administration of the estate of the above mentioned S.M.Sivakamu Ammal was granted in favour of the above mentioned N.Sambanda Chettiar and A.S.Narasimha Achari by an order passed by this Court dated 19.03.1941 made in T.O.S.No.4 of 1940 (O.P.No.11 of 1940). One of the executors viz., N.Sambanda Chettiar died on 06.01.1989, at No.55, 5th Main Road, JawaharNagar, Chennai-82 and the other executor viz.,A.S.Narasimha Achari had also died at No.48, Muthumari Chetty Street, George Town, Chennai. 3(4) The Will under reference recites that in the wake of the death of the executors of the Will, the schedule mentioned property shall vest with Pachaiappa's Trust Board or shall vest with the Official Trustee of Tamil Nadu. As per the report of the Official Trustee of Tamil Nadu, at that time the respondent came to know one Mrs.Rajeswari, who is residing as a tenant in the property under reference is not being properly maintained by the descendants of the testatrix and in its wake thereof the utility of the property is materially affected. In the above stated circumstances, the applicant without impleading the respondent as one of the parties, had filed an application to appoint them to maintain the above said property. After the order of this Court, the applicant had impleaded the respondent as a 2nd applicant but the deceased Mrs.S.M.Sivakamu Ammal has mentioned the respondent Trust only as a first beneficiary. 3(5) After the death of the executors of the WILL the aforementioned property viz. house property bearing door No.230, Linghi Chetty Street, Chennai  600 001, is not managed and administered in consonance with the intentions of the Testatrix. Having regard to the fact that there is no person to manage the property, persons purportedly claiming to be the descendants of the said testatrix are occupying the property under reference and are committing acts of waste in the aforementioned property consummately impairing the utility of the property, it is just and necessary that the above mentioned immovable property has to be preserved and protected. No person has initiated any proceedings for the protection of the estate except the applicant. 3(6) The respondent trust board is very ancient one and doing so many welfare activities to the society for the past many decades, in the above stated circumstance I would like to place our history of the trust board before this Court. That well known benefactor and philanthropist, late Pachaiyappan Mudaliar, bequeathed a huge estate for religious and educational charities to be performed. The said Pachaiyappan Mudaliar of Kanchipuram died in the year of 1794, leaving a WILL dated 22.03.1794. As the executors of the WILL of the said Pachaiyappan Mudaliar and their representatives failed to carryout properly the charities as contemplated by the testator, the then Advocate General, Herbert Crompton Esq. As the 'informant' moved the then Supreme Court of Madras dated 03.02.1826, 23.10.1832, 30.10.1832 and 06.08.1841 giving suitable directions as regards the performance of all the charities provided for by the said Pachaiyappan Mudaliar. It was also directed by the said Supreme Court that the charities, (Educational and otherwise) should be under the direction of the Revenue board as provided by regulation VII of 1817, dated 28.04.1842, finally a supplementary scheme for the management of Pachaiyappa's charities was framed by this Hon'ble Court on 12.02.1909 and 16.07.1963 respectively. 3(7) The Pachaiyappa's charities are entrusted with the management and administration of several educational religious and charities public institutions endowed by philanthropic minded gentleman, like late lamented Pachaiyappan Mudaliar and several other leading large endowed by philanthropic minded gentleman are vested in the Pachaiyappa's Charities and administered by the management in terms of the scheme settled by this Court. 3(8) The respondent's trust is an ancient well-known and leading religious, charitable and educational institution of about 170 years of standing in Tamil Nadu rendering meritorious service predominantly for the spread of education all levels from primary level to research stage in college level. The income from all the properties and investments is exclusively spent for religious, charitable and educational purposes. PACHAIYAPPA'S CHARITIES 1. Pachaiyappa's College, Chennai (Including evening classes) 2. Pachaiyappa's College for men, Kancheepuram (Including evening classes) 3. Pachaiyappa's College for women, Kancheepuram (Including evening classes) 4. Pachaiiyappa's College Higher Secondary School, Chennai 5. Pachaiyappa's Higher Secondary School, Kancheepuram 6. Pachaiyappa's Higher Secondary School, Chidambaram 7. Pachaiyappa's Branch Secondary School, Kancheepuram 8. Pachaiyappa's Primary School, Chidambaram. 3(9) In giving effect to the wishes of the donors the management, acts in accordance with the terms of the WILL of the testators or settlors and the scheme. The religious, educational and charitable activities of the Trust as a whole are carried out mainly as per the wishes of the settlors or testators as the case may be. 3(10) It may be seen from the above that the surplus income derived from properties and investments of the trust after carrying out the wishes of the testator or settlor as the case may be, is utilised for the cause of education in running 6 colleges, 3 higher secondary schools and 4 secondary secondary schools. 3(11) If this Court appoint the respondent as an administrator of the property belongs to the deceased Mrs.S.M.Sivakamu Ammal, the trust will maintain the same with good condition and will use the income from the property to the educational purposes through the respondent trust. 3(12) The testatrix died on 01.09.1939, possessed of the house property bearing door No.230, Linghi Chetty Sreet, Chennai  600 001, and the market value of the said property would for exceed the sum of Rs.50,000/- and the executors appointed under the WILL dated 21.09.1938 viz. Sambanda Chettiar and Narasimha Achari, having died, and since no person has initiated any legal proceeding for the protection and presentation of the above mentioned immovable property, except the first applicant and as there is an apprehension of misappropriation, deterioration or wastage of the said property and diminution of the value of the property, it is just necessary that the above said immovable property is to be protected and preserved, and hence in the interest of justice the Pachaiyappa's Trust Board, Chennai prays this Court to pass an appropriate order to administer the above mentioned immovable property. 3(13) The respondent undertakes duly administer the property and credits of the said Mrs.Sivakamu Ammal deceased in any way concerning her WILL by paying her debts and then the legacies therein bequeathed so for as the assets WILL extend and to make a full and true inventory thereof and also to render to this Court a true account of the said property and credits within one year from the said date. 4. Heard Mr.K.Govindan, the learned counsel for the applicant and Mr.G.Anbarasu, the learned counsel for the respondent. 5. The learned counsel for the applicant namely The Administrator General and Official Trustee would submit in his argument that the schedule mentioned property with the description namely a house and a ground bearing Door No.230, Linghi Chetty Street, Chennai-600 001, bounded on the North by Vacant Land of Venkatarama Chettiar, South by Thiruvengadam Thavasi Hospital, East by Angappa Naicken Street and West by Linghi Chetty Street, was originally belonged to Mrs.Sivakamu Ammal who had bequeathed the said property for certain charities and two persons namely N.Sambanda Chettiar and A.S.Narasimha Achari were appointed as executors and thereafter, she had also executed a codicil with some alterations and after her death, one of the executors filed probate O.P., which was opposed by another executor, therefore, it was converted into T.O.S., in T.O.S.No.4 of 1940 and another executor has filed a original petition and thereby sought for Letters of Administration and both were disposed of, by this Court by appointing both the executors to administer the estate and accordingly the probate was granted on 19.03.1941 and thereafter, both the executors were incharge of the said property and one after another both executors died and the descendents of the testatrix Mrs.Sivakamu Ammal did not properly maintain the said property and one of the tenants complained to the Administrator General to look after the said property by taking the management of the said property and therefore, the applicant had prayed for appointing himself as the administrator of the said trust to perform and fulfill the charities mentioned in the Will as per the directions given by the testatrix. He would further submit in his argument that the Administrator General and the Official Trustee are carrying out the important responsibilities regarding public interest and they do valuable work in safeguarding the properties belonging to the trust and individuals and administering them according to law. He would further submit in his argument that the Administrator General of Tamil Nadu is an Official appointed by the Government to carry out the provisions of law relating to succession of persons who die leaving property within the limits of State of Tamil Nadu. He would further submit that the said official is entitled to Letters of Administration in preference to creditors or legatees other than the universal legatees or friends of the deceased under Section-8 of the Administrator General Act. He would also draw the attention of the Court, in respect of Section-7 of the Administrator General Act., wherein it is stated that the Administrator General is entitled to Letters of Administration unless it is granted to next of kin and if any Letters of Administration is to be granted by the High Court, it shall be granted to the Administrator General unless they are granted to the next of kin of the deceased. He would further submit in his argument that the Office of the Administrator General and Official Trustee of Tamil Nadu are maintaining 41 estates under administration of the Administrator General and 170 estates under the administration of Official Trustee. He would further submit that it is an institution which has got the security of Government and its account shall be audited annually by official auditors appointed by the Government of Tamil Nadu and after examining the accounts by the auditors, the Court is obliged to certify that the accounts are correct and have been duly and regularly kept and the assets and securities are duly invested and deposited according to the Act and Rules thereunder. He would therefore, submit that the applicant being an institution is accountable regarding the income and the property and it is entitled to the administer the estate left by the executors at Door.No.230, Linghi Chetty Street, Chennai-1, as per the wish and desire of the testatrix Mrs.Sivakamu Ammal. He would also submit that the respondent, which is a trust may not have such securities similar to that of the Administrator General and Official Trustee which are public institutions. Therefore, he would request that the application filed by the applicant may be allowed. 6. The learned counsel for the respondent/Pachaiappa's Trust Board would submit in his argument that the Pachaiappa's Trust originated in the year 1794 on the death of Pachaiappan Mudaliar of Kancheepuram, who is a philanthropist. He left a huge estate of religious and educational charities and the said trust has been formulated by various decrees passed by the Court and finally, a scheme has been framed for the management of Pachaiappa's charities by this Court on 12.02.1909 and 16.07.1963 respectively. He would also submit that there are so many management, educational and religious institutions endowed by philanthropic minded gentleman vested in the Pachaiappa's charities, which would be numbering about 230, detailed in the report and the said charity is conducting 8 educational institutions and its merged charities are conducting 5 other educational institutions, as detailed in the report and the Pachaiappa's Trust is always willing to give effect to the wishes of the testatrix as per the Will. He would further submit in his argument that if Pachaiappa's Trust is appointed as administrator of the property belong to the testatrix Mrs.Sivakamu Ammal, the said property will be managed in a good condition and they would use the income from the said property for the educational purpose through the trust and the respondent was referred to as the 1st trust for entrustment and thereafter only the official trustee was mentioned in the Will. Therefore, the respondent may be preferred instead of official trustee. He would also submit that if the Pachaiappa's trust is entrusted with the property as administrator, the trust would build commercial complex with the help of the fund promoted by other trusts by way of receiving loan and lease them to various trusts to augment the income of the trust and would perform the charities as desired by the testatrix. He would also submit in his argument that all the charities mentioned by the testatrix will be performed as desired by the testatrix proportionate to the present value of those sums mentioned by the testatrix in the said period. He would therefore, request the Court that the Pachaiappa's Trust Board may be entrusted with the administration of the property as executor and if it is so entrusted, the said trust would pay all her debts, legacies as bequeathed and they will make full and true inventory and also to render to this Court, a true account of the said property and credits within one year from the said date. He would therefore, request the Court that the respondent Pachaiappa's Trust Board may be accordingly, entrusted with the administration of the schedule mentioned property as a sole legatee under the Will of the deceased Sivakamu Ammal having effect limited to the State of Tamil Nadu. 7. I have given anxious thoughts to arguments advanced on either side. 8. The Will executed by Mrs.Sivakamu Ammal on 21.09.1938 and the codicil executed by the said testatrix on 23.08.1939 were up held in the testamentary proceedings filed before this Court in T.O.S.No.4 of 1940 and O.P.No.324 of 1939 on 19.03.1941. According to the order passed by this Court on 19.03.1941, one Mr.N.Sambanda Chettiar and A.S.Narasimha Achari who are the parties to T.O.S.No.4 of 1940 were appointed as executors and the O.P.No.324 of 1939 filed by one of the executors for Letters of Administration seeking for the appointment of the Administrator General as the executor, was dismissed. According to the said order, the schedule mentioned property was managed by the said two executors appointed by this Court, and the executors were dead one by one and the estate was left without any management. The said fact was known to the applicant, the Administrator General and Official Trustee through one Mrs.Rajeswari, a tenant in the said property. Therefore, the applicant has prayed this Court for appointment of Executorship. This Court, after verifying the Will, had ordered impleadment of Pachaiappa's Trust as necessary party and accordingly, the Pachaiappa's Trust was impleaded as the respondent. In the said Will, dated 21.09.1938, the testatrix made arrangements after the life time of the executors or on the mis- conduct of any of the executors in performing the trust. It has been stated in page 7 and 8 of the Will as follows:- "enlr brl;of;F khjk; U:gha; Ie;J (U:/5-/) rk;gsk; bfhLf;f ntz;oaJ/ Mdhy; c& enlr brl;o vd; vf;!pfpa{l;lh;fSf;Fj; jpUg;jpfukha; ntiy ghh;f;fhkypUe;jhy; ,uz;L vf;!pfpa{l;lh;fSk; Vf kdjha; jPh;khdpj;J mtiu eP;f;fptpl mjpfhuKz;L/ mg;go ePf;fptpLk; gl;rj;jpy; c& enlr brl;;of;F c& bjhifiag; bgw;Wf; bfhs;s ahbjhU ghj;jpaija[kpy;iy/ vd;Dila vf;!pfpa{l;lh;fs; vf;fhuzj;jpdhnyDk; ,e;j capypy; fz;oUf;Fk; c&uj;Jf;fis rhptu elj;j ,ayhky; nghdhY;k my;yJ ,Uthpy; xUth; fhyfjpale;J tpl;lhYk; $PtjirapYs;sth; mtuJ fhyjpirf;Fg;gpwF c& brhj;Jf;fis kjuh!; gr;irag;gd; ou!;L nghh;od; trk; my;yJ mgpc&ay; ou!;o (Official Trustee of Madras) trk; nrUk;go jf;f Vw;ghL bra;a ntz;oaJ/ c& nghh;od; my;yJ brd;id mgpc&pay; ou!;o c& vf;!pfpa[{lh; trkpUf;Fk; buhf;fj;ija[k; vd; tPl;ila[k; j';fs; trkhf;fpf; bfhz;L c& tPl;il tpw;gid bra;J bjhiffis fth;;d;bkz;L gh';fpapy; my;yJ jFe;j ,d;bt!;l;L bkz;L (investment) bra;J mjdhy; tUk; tl;o tUkhdj;jpypUe;J vd; jkf;if Fg;gk;khs; capypYk; vd; g[Uc&d; S.M.Fkhu Rthkp brl;oahh; capypYk; fz;oUf;Fk; vy;yh if';fhpa';fisa[k; Fiwt[glhky; ed;wha; elj;JtnjhL brd;id Kj;jpahYg;ngl;il yp';fp brl;oj; bjUtpy; vGe;jUspapUf;Fk; _ ky;ypnfRtu Rthkp njt!;jhdj;jpy; gpujp tUc&k; itfhrp khjk; elf;Fk; t!e;j cj;!tfhyj;jpy; bgsh;zkp jpdj;jd;W U:gha; Kg;gJ (U:/30-/)f;Ff; Fiwahky; cw;rtk; elj;jp tuntz;oaJ. jtpu. brd;id md;djhd rkh$j;jpy; khjk; xd;Wf;F Ik;gJ (50) ngUf;Ff; Fiwahky; ViHfSf;F md;dkpl ntz;oaJ/ mnjhL kpFjpapUf;Fk; gzj;jpy; c& brd;id gr;irag;gd; gs;spf;Tlj;jpy; cah;jufy;tp fw;Fk; nghp brl;o rpWth;fSf;F xUtUf;nfh my;yJ ,uz;L ngUf;nfh gs;spf;Tlj;Jr; rk;gsk; bfhLj;J cjtp bra;a ntz;oaJ/ vdf;F ahbjhU flDk; fpilahJ/ ,e;j capypy; fz;l c&uj;Jf;fs; aht[k; vd; $Ptjirf;Fg;gpwF mKYf;F tuntz;oaJ/ ,e;j capypy; fz;l c&uj;Jf;fs; ahtw;iwa[k; uj;J bra;at[k; khw;wt[k; vdf;F mjpfhuk; cz;L/" 9. Admittedly, there was no complaint of mis-conduct against any of the executors made by anybody during their period of management. Actually, both of the executors were dead. Therefore, the said provisions mentioned in page Nos.7 and 8 would operate. The respondent has insisted that the Pachaiappa's Trust Board, Madras had been referred to 1st person to take over the management and the option is given only next to Madras Official Trustee and therefore, Pachaiappa's Trust Board may be given an opportunity to maintain the property as per the wishes of the testatrix. The further case of the respondent / the Pachaiappa's Trust Board would be that they would put up constructions in the said property to augment the income of the trust so as to perform the wishes of the testatrix. 10. On a careful scrutiny of the said Will of the testatrix, the wish of the testatrix is that once the Madras Official Trustee or the Pachaiappa's Trust Board takes the management of the property, along with the money left with the executors, the house shall be taken in possession by the said institution and the house shall be sold and the moneys may be invested in Government Bank or proper investment in order to get income therefrom, to perform the charities mentioned in the Will of her sister Kuppammal and the charities mentioned in the Will of her husband S.M.Kumaraswami Chettiar and also to perform the uthsavam in Sri Arulmighu Mallekeswara Swamy Devasthanam Temple during Vasanthothsavam during full moon day for not less than a sum of Rs.30/- and also to perform distribution of food (Anna Dhanam) at Anna Dhana Samajam, Chennai-1 for not less than 50 poor people and with the balance sum to give assistance to one or two school going children of higher classes belonging to Peri Chetty community at Pachaiappan school, Chennai, by paying the school fees. The said charities are the wishes of the testatrix. Therefore, I could see that the wishes of the testatrix have to be absolutely followed and there may not be any deviation