Advocate Commissioner’s Report Exposes Trustees

On 19.12.2008 Justice K. Venkataraman suo motto appointed an Advocate Commissioner and directed the trustees and we five sisters to choose three places of alternate accommodation each. He directed the Advocate Commissioner to visit all these premises and file his report regarding safety, security and suitability of the accommodations.

Advocate Commissioner, as directed, visited Pondicherry. Our lawyer was present along with us. But from trustees’ side a lawyer, not even on record with regard to our case, was present. Matriprasad and Purushottam Kothari tried to represent the trustees but the Advocate Commissioner refused to allow them to be present since they did not have any authorization letter of representation.

Once again the trustees had acted in their highhanded manner and named five choices of alternate accommodation. We had come prepared only with three. Advocate Commissioner showed leniency towards them and thus the enquiry began.

At every guest house/boarding house Advocate Commissioner was accompanied by the two advocates and we five sisters. Each Warden/Manager let us inspect the premises except Jenny Working Women’s Hostel. The warden categorically stated that there was no vacancy and allowed none of us to inspect the premises. Another Manager, on seeing us, told the Advocate Commissioner that it would not be prudent on his part to accommodate us since we were not used to this lifestyle of working women’s hostel. A third Warden expressed her unwillingness but said that the girls were good but not the trustees, who misrepresented and mislead other people and who were harassing the girls.

The fifth accommodation which the trustees had chosen was an unfinished structure and no one in-charge was present to show us around. The Advocate Commissioner did not mention this place in his investigation report because there was nothing to report. Later we came to know that it was a wing of Jenny Working Women’s hostel.

The accommodations cited by the trustees were for working women who were out of hostel during the whole day and only needed a roof overhead to spend the night. Most of the women accommodated there left for the weekend to visit their nearby situated homes. But none of the five sisters were working women and the thought of shifting to these alternate accommodations seemed like our worst nightmare.

Since the trustees had only cited pigeon holes as alternate accommodations for us, we requested the Advocate Commissioner to visit the Ashram accommodation provided to us so that he could better appreciate and compare the unbelievable differences between what was chosen and what had been provided. But because the trustees vehemently opposed our proposal through their present lawyer, Advocate Commissioner could not grant our wish. (Also see posting dated 20.12.2008).

Typed-Copy of the Report is produced below

IN THE HIGH COURT OF JUDICATURE AT MADRAS

M.P. No.1 of 2008

In

C.R.P. (P.D.) No.3314 of 2007

1. Sri Aurobindo Ashram Trust

    Rep. by its Managing Trustee

    Manoj Das Gupta,

2. Manoj Das Gupta,

3. Dr. Dilip Kumar Datta

4. Avinash Patel @ Albert

5. Prabhakar Rupanagunta @ Batti                                                                         …Petitioners/Petitioners

                                                                                 Vs.

1. Jayashree Prasad

2. Arunashree Prasad

3. Rajyashree Prasad

4. Nivedita Prasad

5. Hemlata Prasad                                                                                           ...Respondents/Respondents

REPORT FILED BY THE COMMISSIONER

1.            In pursuance of the warrant of commission dated 19.12.2008 issued to me in the above case, notices were served to both the counsels and I received the list from both the counsels to be visited and to report about the guest houses, and he suitability and safety of the respondents to stay therein. The petitioner counsel represented by Mr. S. Mukundan Advocate Pondicherry and Mr. Cyril MathiasVincent Advocate Pondicherry was present along with the Respondents and were present at all the places which was visited by me.

2.            The following are the result of my visit as per the warrant of commission:

LIST GIVEN BY RESPONDENTS

1. International Guest House

1. Address: No.47, gingee Salai, Pondicherry-605001
2. Managed By: Sri Aurobindo Society, No.2, Ranga Pillai Street, Pondicherry
3. Situated at: Near by Aurobindo  Ashram
4. Security: Guard at the entrance monitoring person inside the guest house

5. Type of food offered: North Indian and South Indian
6. Type of Rooms & Rates

Non A/C Rooms

a. Single Room – Rs.170/day

b. Double Room – old wing – Rs.225/day

c. Double Room- new wing – Rs.450/day

d. Suite – II & Suite – III – old wing – 3 beds – Rs.390/day

e. Suite IV – new wing – 3 beds – Rs.550/day

f. Suite – IV – new wing – 4 beds – Rs.660/day

A/C Rooms

a. Double Rooms – 2 beds – Rs.600/day

b. Suite – Double room – Rs.750/day

7. Condition of the rooms:          Good, Cot with mattress and pillow with Pullover, table

and chair, with adequate ventilation. Wardrobe, towel, dressing table. Toilet in good hygiene with bucket and mug

8. Rates of food:                   Rs.20/- coupon (should be booked in advance) for breakfast, lunch

and dinner. At the dining room near by

9. Service offered:                Laundry – washing and ironing – Rs.6/cloth

Tea and Coffee in the room – Rs.7/cup of coffee/milk

Rs.5/cup of tea

10. Timings:              Opens at 5.00 am.

Closes at 10.30 pm.

To be back before 10.30 pm

Visitors Timing – 3.00 to 6.00 pm.

Nobody is allowed to the room

Note: Max period for stay is given for a month if there is no booking if needed for long stay etc the society office has to give permission for that. Lift available.

Suitability and Safety: This is the best suited and safe place as the guest house is situated near the ashram so that the respondents can go for their regular prayers. Further there is a regular guard/security in the entrance of the guest house and there are also monitoring person inside the guest house.

2. Sea Side Guest House

1. Address: No.14, Goubert Avenue, Pondicherry-605001
2. Managed By: Sri Aurobindo Society, No.2, Ranga Pillai Street, Pondicherry
3. Situated at: Near by Aurobindo Ashram, Near All Women Police Station
4. Security: Only reception people. No separate guard.
5. Type of food offered: North Indian and South Indian
6. Type of Rooms & Rates

All Rooms A/C – in case A/C is not used Rs.100/day discount

a. Standard- single -Rs.850/day

b. Standard- double -Rs.1025/day

c. Deluxe (sea facing) – single  Rs.950/day – double – Rs.1125/day

d. Deluxe (non sea facing) -  single Rs.900/day – double – Rs.1075/day

e. 3 bedded suite (sea facing) – triple – Rs.1400/day

f. 3 bedded suite (non sea facing – triple- Rs.1200/day

7. Condition of the rooms:               Good, Cot with mattress and pillow with Pullover, small

Fridge, table and chair, with adequate ventilation. Wardrobe, towel, dressing table. Toilet in good hygiene with heater, bucket and mug etc.,

8. Rates of food:                   Complimentary breakfast & tea.

Standard buffet menu – Rs.140/day for lunch and dinner

9. Service offered:                Laundry – washing and ironing – rates not disclosed

10. Timings:              Opens at 6.00 am.

Closes at 11.15 pm.

To be back before 10.30 pm

Visitors Timing – 6.00 to 10.00 pm.

Visitors are allowed to the room

Note: Max period for stay is given for a two weeks if needed for long stay etc the society office has to give permission for that. Lift available.

Suitability and Safety: This is a suitable place but safety factor is not that satisfactory, situated near the ashram so that the respondents can go for their regular prayers.

3. Maruthi Residency

1. Address: No.69, Perumal Koil Street, Pondicherry-605001
2. Managed By: Proprietor Mr. A.R. Senthilnayagam
3. Situated at: Near by Aurobindo Ashram
4. Security: Only reception people. No separate guard.
5. Type of food offered: To be brought from outside
6. Type of Rooms & Rates

All Rooms A/C – in case A/C is not used Rs.100/day discount

Single Room – A/C – Rs.750/day – Non A/C/ - 600/- - all double cot

Advance of Rs.1000 to be paid

7. Condition of the rooms:               Good, Cot with mattress and pillow with Pullover, T.V.

table and chair. Wardrobe, towel, dressing table. Toilet in good hygiene with heater, bucket mug etc.,

8. Rates of food:                   To be got from outside therefore depends

9. Service offered:                Laundry – washing and ironing – rates not disclosed

10. Timings:              Opens – no such timing

Closes – no such timing

To be back before – no such restriction

Visitors Timing – no such restriction

Visitors are allowed to the room

Note: There are only 10 rooms and three are always occupied therefore only 7 rooms are left. No lift

Suitability and Safety: Suitability not up to the mark, safety is not there, situated near the ashram so that the respondents can go for their regular prayers.

LIST GIVEN BY PETITIONERS

4. Asha Ladies Care Centre

1. Address: No.93, Sardar Vallabhai Patel road, Pondicherry-605001
2. Managed By: Sri Natesan Educational Trust, existence for last five years
3. Situated at: Near by Aurobindo Ashram
4. Security: Warden the daughter-in-law of Mr. Natesan. No separate guard.
5. Type of food offered: only south Indian, no outside allowed.
6. Type of Rooms & Rates

No such specification. In one room two steel double decker cot are put together and in other room wooden decker cot are put

7. Condition of the rooms:               no ventilation, no towel table. No mattress, no pillow,

cramped room approach is through narrow staircase and approach space is also narrow, shelves.

Common toilet and bathroom with bucket, Mug.

8. Rates of food:   Rs. 1800/month for both room and food. Common dining room with T.V.

9. Service offered: Laundry – washing and ironing – rates not disclosed

10. Timings:              Opens – no such timing

Closes – no such timing

To be back before – no such restriction

Visitors Timing – upto 8.00 pm for lady visitor

                                     Upto 6.00 pm for male visitor

Visitor means only their parents

Visitors are not allowed to the room

Note: The head is not willing to take the respondents because of the only south Indian food availability as the respondents are used to north Indian food in the ashram. No lift, cramped narrow stair case and rooms.

Suitability and Safety: Suitability not up to the mark, safety is not there, situated near the ashram so that the respondents can go for their regular prayers.

5. Jenny working Women’s Hostel

1. Address: No.2, II Cross Street, Sarathy Nagar, Pondicherry-605011
2. Managed By: Ms. Kothai Bala Wife of a local politician (name not disclosed)
3. Situated at: far away Aurobindo Ashram
4. Note: The hostel is already full and there is no vacancy in the near future

6. Sri Ambal Ladies Hostel

1. Address: No.13, Mettu Street, Kosapalayam Saram, Pondicherry-605013
2. Managed By: Ms. Kalaimathi, proprietrix
3. Situated at: far from Aurobindo Ashram
4. Security: Warden the same lady. No separate guard.
5. Type of food offered: Only south Indian, no outside allowed.
6. Type of Rooms & Rates

Two member room – Rs.2500/month – eight member room – Rs.1800/month including food. In one room steel double decker cot are put and in other room four double decker cot are put

7. Condition of the rooms:               no ventilation, no towel, no dressing table No mattress, no

pillow, cramped room approach is through narrow staircase and approach space is also narrow, shelves,

Common toilet and bathroom with bucket, Mug.

8. Rates of food:                   Rs.1800/month for both room and food.

Common dining room with T.V.

9. Service offered:                Laundry – washing and ironing – rates not disclosed

10. Timings:              Opens – no such timing

Closes – no such timing

To be back before – no such restriction

Visitors Timing –               Sunday – 5.00 – 6.00 pm

                                                Thursday – 5.00 – 6.00 pm

Visitor means only their parents

Visitors are not allowed to the room except mother of the lady

Note: No lift, cramped narrow stair case and rooms

Suitability and Safety: Suitability not up to the mark, safety is not there, not situated near the ashram so that the respondents can go for their regular prayers.

7. Peace Society Working Women & Student Hostel (Government Recognised)

1. Address: No.6&7, Ist Cross Sittankudi, Pondicherry-605013
2. Managed By: Society
3. Situated at: Far from Aurobindo Ashram
4. Security: Separate guard.
5. Type of food offered: South Indian & North Indian, no outside allowed.
6. Type of Rooms & Rates

a. 2 Person Room – Rs.2500/month

b. 4 Person Room – Rs.2300/month – including food

7. Condition of the rooms:               no ventilation, no towel, no dressing table No mattress, no

pillow, separate wardrobe for each attached bathroom with bucket, Mug.

8. Rates of food:                   Rs.2500/month – Rs.2300/month for both room and food.

9. Service offered:                Laundry – washing and ironing – rates not disclosed

10. Timings:              Opens – no such timing

Closes – no such timing

To be back before – no such restriction

Visitors Timing – 6.00 – 8.00 pm

Visitors are not allowed to the room

Note: The head is not willing to take the respondents as there was a problem created by ashram management earlier in getting the respondents admitted there. But the head said that the respondents are good ladies except for the bad experience create by the ashram management. No lift.

Suitability and Safety: As the head is not willing to take it will not be appropriate to accommodate them there.

3.            The representatives of both petitioner counsel and respondent counsel signed the spot report after the completion of the work.

4.            After due execution of the warrant I am returning the warrant and the list furnished by the petitioner and respondent with this report

Dated at Chennai on this the 22^ND Day of December 2008

ADVOCATE-COMMISSIONER

Enclosures:

1. Warrant of Commission
2. Copies of notice served on the counsels with acknowledgement
3. List furnished by the counsels
4. Spot report