Dismissed

Institute of Human Resources Development-Ihrd v. Kerala State Electricity Regulatory Commission - Kserc

Kerala HC1 Sept 2022WP(C)/12720/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a tariff categorization order, holding that the statutory appeal remedy under the Indian Electricity Act, 2003 could not be bypassed. The petitioner was granted 45 days to pursue the appeal via condonation of delay.

What did the court decide?

Petitioner granted liberty to pursue statutory appeal after condonation of delay; interim order for 45 days to file appeal.

Institute of Human Resources Development-Ihrd… — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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THURSDAY, THE 1^ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944

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WP(C) NO. 12720 OF 2022

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PETITIONER/S:

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INSTITUTE OF HUMAN RESOURCES DEVELOPMENT-IHRD PRAJO'E TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM REP. BY ITS DIRECTOR, PIN - 695014 BY ADVS. SHRI.DEEPU THANKAN, SC, IHRD UMMUL FIDA LAKSHMI SREEDHAR R.RAJANANDINI MENON SHAHNAS K.P

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RESPONDENT/S:

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1 KERALA STATE ELECTRICITY REGULATORY COMMISSION - KSERC K.P.F.C. BHAVANAM, CV RAMAN PILLAI RD, VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY., PIN - 695010 2 KERALA STATE ELECTRICITY BOARD - KSEB REPRESENTED BY ITS SECRETARY, VIDYUTBHAVAN, PATTAM, THIRUVANANTHAPURAM., PIN – 679303 SC, KSEB B.PROMOD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12720 OF 2022

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JUDGMENT

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The present writ petition has been filed by the Institute of Human Resource Development (IHRD), against the order dated 29.9.2021 of the Kerala State Electricity Regulatory Commission, Thiruvananthapuram whereby the petitioner had challenged the change of the categorization of the tariff on various grounds. The said original petition was dismissed on the ground of delay and as well as on merit. Concededly, the aforementioned order is appealable as per the provisions of the Section 110 of the Indian Electricity Act, 2003.

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I am of the view that the statutory remedy of appeal cannot be bypassed by filing the writ petition. The writ petition is dismissed with a liberty to the petitioner to avail the remedy of appeal, if so advised, in accordance with law by seeking condonation of delay in respect of the period spent in pursuing this present writ petition.

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At this stage, counsel for the petitioner informs that this Court had granted interim order. Interim order is ordered to continue for a period of 45 days from today enabling the petitioner to pursue the appeal before the competent authority. Thereafter, the petitioner shall be at liberty to seek interim order before the appellate authority, in accordance with law.

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Sd/-

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sab

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AMIT RAWAL, JUDGE

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WP(C) NO. 12720 OF 2022

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APPENDIX OF WP(C) 12720/2022

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PETITIONER EXHIBITS

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Exhibit	P-1 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION AND RULES AND REGULATION OF THE PETITIONER DATED 14/1/1987.
Exhibit	P-2 A TRUE COPY OF THE G.O.(MS) NO. 91/94/HEDN DATED 08/06/1994, WITH THE READABLE COPY OF THE ORIGINAL.
Exhibit	P-3 A TRUE COPY OF THE G.O. (MS) NO. 55/2017/HEDN DATED 14/02/2017 .
Exhibit	P-4 A TRUE COPY OF THE ORDER OF THE KERALA STATE ELECTRICITY OMBUDSMAN IN A.P. NO. P/088/2015 DATED 21/07/2015.
Exhibit	P-5 A TRUE COPY OF THE JUDGMENT IN WPC NO. 12865/2016.
Exhibit	P-6 A TRUE COPY OF THE RELEVANT PAGES OF THE PROCEEDINGS FOR THE DETERMINATION TARIFF FOR THE FINANCIAL YEAR BY ORDER NO. 1007/F&T/2016/KSERC DATED 17/04/2017.
Exhibit	P-7 A TRUE COPY OF THE RELEVANT PAGES OF THE ORDER IN OA NO. 15/2018 .
Exhibit	P-8 RELEVANT PAGES OF THE CIRCULAR DATED 11/07/2019.
Exhibit	P-9 A TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE GOVERNMENT DATED 29/8/2019 .
Exhibit	P-10 A TRUE COPY OF THE COMMUNICATION DATED 26/11/2019.
Exhibit	P-11 A TRUE COPY OF THE COMMUNICATION DATED 11/12/2019 .

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WP(C) NO. 12720 OF 2022

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Exhibit	P-12 A TRUE COPY OF THE REQUEST DATED 11/12/2019.
Exhibit	P-13 A TRUE COPY OF THE NOTE SUBMITTED BEFORE THE GOVERNMENT DATED 14/2/2020 .
Exhibit	P-14 A TRUE COPY OF THE COMMUNICATION DATED 12/11/2020 ISSUED BY THE GOVERNMENT .
Exhibit	P-15 A TRUE COPY OF THE REQUEST DATED 17/12/2020 SUBMITTED BEFORE THE COMMISSION .
Exhibit	P-16 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 03/02/2021 .
Exhibit	P-17 A TRUE COPY OF THE APPLICATION DATED 03/08/2021.
Exhibit	-18 A TRUE COPY OF THE NOTES SUBMITTED BEFORE THE COMMISSION.
Exhibit	P-19 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE SECOND RESPONDENT
Exhibit	P-20 A TRUE COPY OF THE ORDER 29/09/2021 ISSUED BY THE FIRST RESPONDENT ALONG WITH THE COVERING LETTER COMMUNICATING THE SAME RESPONDENT.

Institute of Human Resources Development-Ihrd v. Kerala State Electricity Regulatory Commission - Kserc

Case brief

What is this about?

What did the court decide?

Institute of Human Resources Development-Ihrd v. Kerala State Electricity Regulatory Commission - Kserc

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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