Petitioner is the supplier of pre-school education kits in Kerala State. Petitioner approached this Court alleging that store purchase manual is being violated for purchase of education kits and monopoly is given to respondents 7 and 8 in regard to supply of eduction kits. On account of this, petitioner submits that his right to take part in tender and place purchase order with authorities have been curtailed. It is further submitted that authorities are bound to follow the stores purchase manual as well as Government Order issued time to time.
2. Counter statement is filed on behalf of the first and second respondents. It is stated in the counter affidavit that during the previous year out of 254 blocks 127 blocks purchased pre-school kit through open tender and 123 blocks purchased pre- school kit through Forest Industries Kerala Ltd. It is further submitted that it is the discretionary power of the department to purchase the pre-school kits through the empaneled agency or by other means such as open tender.
W.P(C).No.27588 of 2014W 2
3. Learned Senior Counsel appearing for the 8th respondent submits that this is prerogative and discretion of the Authorities for placing purchase with the Government agencies. Learned Senior Counsel also points out the judgment of this Court produced as Ext.R8.
4. In view of the fact that it is a discretion, cause of action of the petitioner would arise only when the discretion is exercised arbitrarily and therefore leaving open all other issues in this Writ Petition, it is disposed of with liberty to the petitioner to approach this Court based on any grievance arise in future purchase.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/10/12/14