- (1.) JUDGMENT 1. The petitioner has approached this Court seeking the following reliefs: "i. issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit P7 and quash the same. ii. issue a writ in the nature of a declaration declaring that Exhibit P7 e-procurement-notice inviting tender is violative of the Micro Small and Medium Enterprises Act, 2006; MSES order, 2012 as well as the Store Purchase Manual and therefore illegal and liable to be set aside. iii. issue a writ in the nature of a declaration declaring that respondents 1 to 3 could not violate the policy adopted by Government of India for the development of Micro Small and Medium Enterprises as per Act 27 of 2006 and MSES order, 2012. iv. issue a writ in the nature of a declaration declaring that as per the Store Purchase Manual (Note 1 attached to erstwhile para 9.21, Note-2 of Appendix 19) respondents can procure ACSR conductors only from the Micro Small and Medium Enterprises inside the State and not otherwise. v. issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to consider Exhibit P9 representation and cancel the tender process under Exhibit P7 notification and issue fresh tender calling for e-procurement only from petitioners and other similar SSI Units within the State of Kerala."
(2.) Heard the learned Senior Counsel appearing for the petitioners, the learned Senior Counsel appearing for the Kerala State Electricity Board, learned Senior Counsel appearing for the 5 th respondent and the learned Senior Government Pleader appearing for the 1st respondent.
(3.) It is contended by the learned Senior Counsel appearing for the petitioners that the tender floated by the Kerala State Electricity Board is regulated by the conditions of the Stores Purchase Manual. It is stated that Annexure 19 of the Manual specifically provides for procurement of the conductors for which tender is invited from Micro, Small and Medium Enterprises (MSMEs) within the State of Kerala. It is stated that the petitioners and the members of the 5 th respondent Association being the only manufacturer of the said products within the State, they are entitled for reservation in the matter of procurement of the said products from them. It is stated that relying on Exhibits P1 and P2 Government orders and the deletion of clauses 9.19, 9.20 and 9.21 from the Stores Purchase Manual, the respondents are refusing to procure the said products from the petitioners and other members of the 5th respondent association.;