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2015 Supreme(Ker) 791

ASHOK BHUSHAN, A.M.SHAFFIQUE
K. R. VENUGOPALAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent


Advocate Appeared:
For the Petitioner:Sri. K. Ramakumar, Sri. S.M. Prasanth and Sri. Smitha George, Advocates.
For the Respondent: Sri. P. Santhalingam, Sri. S. Sharan, (SC) K.S.E. Board, Sri. Anil Sivaraman, Sri. P. Nandakumar, Sri. Aneesh James, (SC) KSEB Regulatory Com, Smt. Girija Gopal, Special Government Pleader, Sri. S. Sreekumar, Sri. S. Sujin, (SC) Electricity Regulatory Commission, Sri. Jaice Jacob, (SC) Kerala State Electricity Board.

JUDGMENT

ASHOK BHUSHAN, J.

1. All these Writ Petitions raising similar issues have been heard together and are being decided by this common judgment.

2. The Writ Petitions can be classified into three groups. The first group are the Writ Petitions filed for issue of a writ of quo warranto against private respondents, namely, Chairman and Members of the Kerala State Electricity Regulatory Commission (hereinafter referred to as the Commission). This group consists of W.P. (C) No. 4100 of 2012, W.P. (C) No. 2190 of 2013 and W.P. (C) No. 21853 of 2014. In W.P. (C) No. 4100 of 2012 apart from challenging the appointment of Members of the Commission, petitioner has also prayed for a direction to the State Government to appoint the petitioner as a Member of the Commission.

3. In the second group there are only two Writ Petitions being W.P. (C) Nos. 19551 and 22794 of 2012. In both the Writ Petitions apart from the prayer for issuance of a writ of quo warranto, a prayer for quashing the tariff order dated 25.07.2012 issued by the Commission has also been made. The third group consists of the rest of the Writ Petitions where the petitioners have challenged the tariff order dated 25.07.2012.

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