Kerala State Cable And Conductor ... vs The State Of Kerala
2021 Latest Caselaw 22114 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                       WP(C) NO. 23004 OF 2021
PETITIONER:

          KERALA STATE CABLE AND CONDUCTOR MANUFACTURERS
          ASSOCIATION,
          REPRESENTED BY ITS PRESIDENT,
          AUGASTIN KAYALLAKAM,
          HOUSE NO.5, CONTINENTAL GARDENS,
          CHITTALLOOR, KOWDIAR,
          THIRUVANANTHAPURAM-695003.

          BY ADVS.
          SRI.P.K.SURESH KUMAR (SR.)
          SRI.UNNIKRISHNAN.V.ALAPATT


RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS PRINCIPAL SECRETARY,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     SECRETARY TO THE GOVERNMENT,
          FINANCE (PUBLIC UNDERTAKINGS-A) DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    3     SECRETARY TO THE GOVERNMENT,
          DEPARTMENT OF POWER,
          GOVERNMENT OF KERALA,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.

    4     SECRETARY TO THE GOVERNMENT,
          STORES PURCHASE DEPARTMENT,
          GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    5     SECRETARY TO THE GOVERNMENT,
          DEPARTMENT OF INDUSTRIES,
          GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    6     KERALA STATE ELECTRICITY BOARD LTD.,
          REPRESENTED BY ITS CHAIRMAN,
          VYDHYUTHI BHAVAN,
          PATTOM, THIRUVANANTHAPURAM-695004.
 WP(C).No.23004/2021

                               2


    7     THE CHIEF ENGINEER (SCM),
          KERALA STATE ELECTRICITY BOARD LTD.,
          VYDHYUTHI BHAVAN, PATTOM,
          THIRUVANANTHAPURAM-695004.

          SMT.VINITHA B, SR.GOVERNMENT PLEADER
          SRI.SUDHEER GANESH KUMAR R, SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23004/2021

                                   3




                            JUDGMENT

Dated this the 5th day of November, 2021

The petitioner is an Association of Cable and

Conductor manufacturers in the State of Kerala. The

petitioner would submit that all the 10 members of the

petitioner-Association are Micro Small and Medium

Enterprises, coming within the purview of the MSME Act.

They are the only manufactures of ACSR conductors in the

MSME Sector in Kerala. According to the petitioner, the

Kerala State Electricity Board is the only user of conductors in

the State, manufactured by the petitioner.

2. Till recently, the Store Purchase Manual issued by

the Government of Kerala had reserved ACSR conductors for

exclusive purchase from MSM Enterprises. Annexure 19 of WP(C).No.23004/2021

the Stores Purchase Manual gives the list of items reserved for

exclusive purchase from MSM Enterprises and the ACSR

conductors up to 19 strand was one of such items.

3. The grievance of the petitioner is that when recently

a tender was issued by the Electricity Board for supply of

65865 Kms of ACSR conductors, the policy decision was not

properly implemented. The Ext.P13 Public Procurement

Policy for Micro Small and Medium Enterprises (MSMEs)

Order, 2012 stipulates that ACSR conductors is an item, which

is liable to be exclusively purchased from MSME Industries.

4. Aggrieved by the action of the Electricity Board, the

petitioner submitted representation before various authorities.

However, there was no positive result. The petitioner

therefore, seeks to direct the respondents 1 to 5 to consider

Exts.P8 to P12 representations jointly and severely and to

take a joint decision to restore the reservation in favour of

MSME Industries as far as the purchase of ACSR conductors WP(C).No.23004/2021

by the KSEB is concerned.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing

respondents 1 to 5. I have also heard the learned Standing

Counsel representing respondents 6 and 7.

6. The petitioner is claiming the benefit of Ext.P13

Public Procurement Policy for Micro Small and Medium

Enterprises Order, 2012. The petitioner is aggrieved by the

decision now taken by the respondents 6 and 7, which is

against the policy of the respondents 1 to 5 also. In such

circumstances, this Court is of the opinion that the competent

among the respondents 1 to 5 should consider the

representation submitted by the petitioner. It appears that

interdepartmental communications and consultations would be

required to take a decision on the representation submitted by

the petitioner.

In such circumstances, the writ petition is disposed

of directing the 2nd respondent to consider Ext.P9 WP(C).No.23004/2021

representation in consultation with respondents 3 to 6 and

after giving an opportunity of hearing to the petitioner. A

decision in this regard shall be taken within a period of six

months. As the present Policy is coming to an end within

another three months, there will be a further direction to the 2 nd

respondent to give personnel hearing to the petitioner within a

period of 2 months. The 2 nd respondent will be at liberty to

hold the hearing through virtual mode.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.23004/2021

APPENDIX OF WP(C) 23004/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF LIST OF MEMBERS OF THE PETITIONER ASSOCIATION.

Exhibit P2 TRUE COPY OF G.O.(P)NO.546/2013/FIN DATED 07.11.2013 ISSUED BY THE FINANCE (PUBLIC UNDERTAKING A) DEPARTMENT, GOVERNMENT OF KERALA.

Exhibit P3 TRUE COPY OF JUDGMENT DATED 09.10.2018 IN WP(C)NO.22132/2018 PASSED BY THIS HON'BLE COURT.

Exhibit P4 TRUE COPY OF JUDGMENT DATED 20.12.2018 IN W.A.NO.2104/2018 PASSED BY THIS HON'BLE COURT.

   Exhibit P4(A)      TRUE COPY OF G.O.(RT)NO.54/2018/SPD
                      DATED   19.12.2018  ISSUED   BY    STORES

PURCHASE (A) DEPARTMENT, GOVERNMENT OF KERALA.

Exhibit P5 TRUE COPY OF G.O(P)NO.5/2019/SPD DATED 08.04.2019 ISSUED BY STORES PURCHASE (A) DEPARTMENT, GOVERNMENT OF KERALA.

   Exhibit P6         TRUE COPY OF THE MINUTES OF MEETING
                      DATED    03.07.2019   ISSUED    BY    THE
                      GOVERNMENT OF KERALA ALONG WITH A
                      COVERING LETTER.
   Exhibit P7         TRUE COPY OF G.O(RT)NO.39/2020/POWER

DATED 07.03.2020 ISSUED BY DEPARTMENT OF POWER, GOVERNMENT OF KERALA.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 29.09.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 29.09.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 29.09.2021 SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 29.09.2021 SUBMITTED BEFORE THE 5TH WP(C).No.23004/2021

RESPONDENT.

Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 29.09.2021 SUBMITTED BEFORE THE 6TH RESPONDENT.

Exhibit P13 TRUE COPY OF THE PUBLIC PROCUREMENT POLICY FOR MICRO SMALL ENTERPRISES (MSEs) ORDER 2012.