High Court · 2025

A NO. 1332 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2025CORAMTHE HONOURABLE MR JUSTICE S. S. SUNDARA NO. 1332 of 2025 in C.S.No.1132 of 1921,A NO. 1334 of 2025 in O.P.No.109 of 1942,A NO. 1336 of 2025 in C.S.No.274 of 1899 &A NO. 1337 of 2025 in C.S.No.204 of 1940A NO. 1332 of 2025Administrative General and Official Trustee of Tamil NaduHigh Court Campus, Chennai 600 104. Applicant(s) VsNilRespondent(s) A NO. 1334 of 2025Administrative General and Official Trustee of Tamil NaduHigh Court Campus, Chennai 600 104. Applicant(s) VsNilRespondent(s) A NO. 1336 of 2025Administrative General and Official Trustee of Tamil NaduHigh Court Campus, Chennai 600 104. Applicant(s) https://www.mhc.tn.gov.in/judis VsNilRespondent(s) A NO. 1337 of 2025Administrative General and Official Trustee of Tamil NaduHigh Court Campus, Chennai 600 104. Applicant(s) VsNilRespondent(s) Prayer in A.No.1332 of 2025 : Application filed under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustee's Act 11 of 1913 to permit the Administrator General and Official Trustee to purchase 5 Nos. of Channel ECG Computerised Model : Mindray Bene Heart R12), 4 Nos. of Mindray Advanced ICU Ventilator SV 300 and 10 Nos. of Mindray Infusion Pump Model : Bene Fusion uSP for a total sum of Rs.42,95,000/- (Rupees Forty Two Lakhs and Ninety Five Thousand only) from Yes Medical System having office at No.85/3, Kabilar Street, Sivakangai Road, Managiri, Madurai – 625 020 and to make part payment of Rs.10,00,000/- (Rupees Ten Lakhs only) from the accumulated funds that corresponds to FY 2019-20 and which belongs to the Trust Estate of Pettukola Rajamannar Chetty for donating the same to the Thoothukudi Government General Hospital, Thoothukudi.Prayer in A.No.1334 of 2025 : Application filed under Order XIV Rule 8 of the https://www.mhc.tn.gov.in/judis Original Side Rules and under Section 25 of the Official Trustee's Act 11 of 1913 to permit the Administrator General and Official Trustee to purchase 5 Nos. of 12 Channel ECG Computerised Model : Mindray Bene Heart R12), 4 Nos. of Mindray Advanced ICU Ventilator SV 300 and 10 Nos. of Mindray Infusion Pump Model : Bene Fusion uSP for a total sum of Rs.42,95,000/- (Rupees Forty Two Lakhs and Ninety Five Thousand only) from Yes Medical System having office at No.85/3, Kabilar Street, Sivakangai Road, Managiri, Madurai – 625 020 and to make part payment of Rs.20,00,000/- (Rupees Twenty Lakhs only) from the accumulated funds that corresponds to FY 2019-20 and which belongs to the Trust Estate of Rao Bahadur V.Thiruvengadathan Chetty for donating the same to the Thoothukudi Government General Hospital, Thoothukudi.Prayer in A.No.1336 of 2025 : Application filed under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustee's Act 11 of 1913 to permit the Administrator General and Official Trustee to purchase 5 Nos. of 12 Channel ECG Computerised Model : Mindray Bene Heart R12), 4 Nos. of Mindray Advanced ICU Ventilator SV 300 and 10 Nos. of Mindray Infusion Pump Model : Bene Fusion uSP for a total sum of Rs.42,95,000/- (Rupees Forty Two Lakhs and Ninety Five Thousand only) from Yes Medical System having office at No.85/3, Kabilar Street, Sivakangai Road, Managiri, Madurai – 625 020 and to make part payment of Rs.10,00,000/- (Rupees Ten Lakhs only) from the accumulated funds that corresponds to FY 2019-20 and which belongs to the Trust Estate of Maligai Merchant Charities for donating the same to the Thoothukudi Government General Hospital, Thoothukudi. https://www.mhc.tn.gov.in/judis Prayer in A.No.1337 of 2025 : Application filed under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustee's Act 11 of 1913 to permit the Administrator General and Official Trustee to purchase 5 Nos. of 12 Channel ECG Computerised Model : Mindray Bene Heart R12), 4 Nos. of Mindray Advanced ICU Ventilator SV 300 and 10 Nos. of Mindray Infusion Pump Model : Bene Fusion uSP for a total sum of Rs.42,95,000/- (Rupees Forty Two Lakhs and Ninety Five Thousand only) from Yes Medical System having office at No.85/3, Kabilar Street, Sivakangai Road, Managiri, Madurai – 625 020 and to make part payment of Rs.2,95,000/- (Rupees Two Lakhs and Ninety Five Thousand only) from the accumulated funds that corresponds to FY 2019-20 and which belongs to the Trust Estate of Mylai Kandappa Arunachala Chetty for donating the same to the Thoothukudi Government General Hospital, Thoothukudi.For Applicant(s): Mr.D.Lingeswaran, Administrator General and Official Trustee of Tamil Nadu in all applicationsCOMMON ORDERThe above applications are filed by the learned Administrator General and Official Trustee of Tamil Nadu (“AG & OT” for brevity) to permit them to purchase 5 Nos. of Channel ECG (Computerised Model : Mindray Bene Heart R12), 4 Nos. of Mindray Advanced ICU Ventilator SV 300 and 10 Nos. of Mindray Infusion Pump Model : Bene https://www.mhc.tn.gov.in/judis Fusion uSP for a total sum of Rs.42,95,000/- (Rupees Forty Two Lakhs and Ninety Five Thousand only) from Yes Medical System, having office at No.85/3, Kabilar Street, Sivakangai Road, Managiri, Madurai – 625 020, for donating the same to the Thoothukudi Government General Hospital, Thoothukudi. A.No.1332 of 2025 is filed to permit the learned AG & OT to make part payment of Rs.10,00,000/- (Rupees Ten Lakhs only) from the accumulated funds that corresponds to FY 2019-20 and which belongs to the Trust Estate of Pettukola Rajamannar Chetty. A.No.1334 of 2025 is filed to permit the learned AG & OT to make part payment of Rs.20,00,000/- (Rupees Twenty Lakhs only) from the accumulated funds that corresponds to FY 2019-20 and which belongs to the Trust Estate of Rao Bahadur V.Thiruvengadathan Chetty. A.No.1336 of 2025 is filed to permit the learned AG & OT to make part payment of Rs.10,00,000/- (Rupees Ten Lakhs only) from the accumulated funds that corresponds to FY 2019-20 and which belongs to the Trust Estate of Maligai Merchant Charities. A.No.1337 of 2025 is filed to permit the learned AG & OT to make part payment of Rs.2,95,000/- (Rupees Two Lakhs and Ninety Five Thousand only) from the accumulated funds that corresponds to FY 2019-20 and which belongs to the Trust Estate of Mylai Kandappa Arunachala Chetty. https://www.mhc.tn.gov.in/judis

2.The learned AG & OT has filed a detailed report about the surplus income that is available in four Trust Estates. The following figures would indicate the names of the Trusts and the amounts that are available to the credit of each of the Trust. Sl.No.Trust NameSurplus which is to be spent before 31.03.2025 to save tax is Rs.1Rao Bahadur V.Thiruvengadathan ChettyRs.47,38,786/-2Maligai Merchant CharitiesRs.18,44,221/-3Pettukola Rajamannar ChettyRs.20,52,984/-4Mylai Kandappa Arunachala ChettyRs.28,89,997/-3.It is submitted by the learned AG & OT that the Dean of Government Thoothukudi Medical College Hospital, Thoothukudi, has given a request by letter dated 07.03.2025 seeking financial assistance by way of donation for the procurement of the following equipments :Sl.No.Description of EquipmentQuantity112 Channel ECG Computerized Model : Mindray Bene 5 Nos. https://www.mhc.tn.gov.in/judis Sl.No.Description of EquipmentQuantityHeart R122Mindray Advanced ICU Ventilator SV 3004 Nos.3Mindray Infusion Pump Model : Bene Fusion uSP10 Nos.It is submitted that the Dean of Government Thoothukudi Medical College Hospital, Thoothukudi, has also annexed with his letter the quotations from Yes Medical System having office at No.85/3, Kabilar Street, Sivakangai Road, Managiri, Madurai – 625 020, for all the equipments and the details of the said quotations are given in the following table :Sl.No.Description of EquipmentsQuantitySupplierRate112 Channel ECG Computerized Model : Mindray Bene Heart R125 Nos.2Mindray Advanced ICU Ventilator SV 3004 Nos.3Mindray Infusion Pump Model : Bene Fusion uSP10 Nos.Yes Medical System having office at No.85/3, Kabilar Street, Sivakangai Road, Managiri, Rs.1,40,000/5 Nos. = Rs.7,00,000/Rs.8,35,000/4 Nos. = Rs.33,40,000/Rs.35,000/- e10 Nos. = Rs.3,50,000/ https://www.mhc.tn.gov.in/judis Sl.No.Description of EquipmentsQuantitySupplierRateMadurai – 625 020Total Cost of all the equipmentsRs.43,90,000/4.The office of the learned AG & OT contacted the supplier and requested for further discount in the rates. As per the report, the supplier has now revised the quotations and has also agreed to supply the machines at the cost of Rs.42,95,000/- inclusive of GST @ 12% and Transport Charges, as hereunder :Sl.No.Description of EquipmentsQuantitySupplierRate112 Channel ECG Computerized Model : Mindray Bene Heart R125 Nos.2Mindray Advanced ICU Ventilator SV 3004 Nos.3Mindray Infusion Pump Model : Bene Fusion uSP10 Nos.Yes Medical System having office at No.85/3, Kabilar Street, Sivakangai Road, Managiri, Madurai – 625 020Rs.1,37,000/- each x 5 Nos. = Rs.6,85,000/-Rs.8,20,000/- each x 4 Nos. = Rs.32,80,000/-Rs.33,000/- each x 10 Nos. = Rs.3,30,000/- https://www.mhc.tn.gov.in/judis Sl.No.Description of EquipmentsQuantitySupplierRateTotal Cost of all the equipmentsRs.42,95,000/-5.Learned AG & OT, on going through the Will of the Testator/Scheme Decree concerned with the above mentioned Trusts, has stated that the object of the Trusts above referred to would permit the above expenditure above mentioned. Since surplus amounts are available and the fund position permits the expenditure, the learned AG & OT has indicated the amount to be withdrawn from each Trust as per the following Table :Sl.No.Trust NameAmount1Rao Bahadur V.Thiruvengadathan ChettyRs.20,00,000/-2Maligai Merchant CharitiesRs.10,00,000/-3Pettukola Rajamannar ChettyRs.10,00,000/-4Mylai Kandappa Arunachala ChettyRs.2,95,000/-TotalRs.42,95,000/-6.Therefore, the above applications are allowed and the learned AG & OT is permitted https://www.mhc.tn.gov.in/judis to purchase 5 Nos. of 12 Channel ECG (Computerised Model : Mindray Bene Heart R12), 4 Nos. of Mindray Advanced ICU Ventilator SV 300, and 10 Nos. of Mindray Infusion Pump Model : Bene Fusion uSP for a total sum of Rs.42,95,000/- (Rupees Forty Two Lakhs and Ninety Five Thousand only) from Yes Medical System, having office at No.85/3, Kabilar Street, Sivakangai Road, Managiri, Madurai – 625 020, by making part payments from the accumulated funds of the Trusts that corresponds to FY 2019-20 as indicated in the above table, for donating the same to the Thoothukudi Government General Hospital, Thoothukudi. The learned AG & OT is permitted to make payments to the supplier directly. The supply of the equipments shall be made within a reasonable time and the learned AG & OT is requested to monitor the installation and to ensure all the equipments are in operation without any further delay. Since the request has now come from the Hospital, the Dean of Thoothukudi Government General Hospital, Thoothukudi, is directed to provide infrastructure to house all the equipments, so that every equipment will be in operation from Day-1 of the supply. The learned AG & OT is requested to visit the Hospital premises atleast once to ensure availability of infrastructure and man power to bring the equipments operational without any further delay. 13-03-2025 https://www.mhc.tn.gov.in/judis MKN