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2023 Supreme(Ker) 649

MURALI PURUSHOTHAMAN
Kerala High Tension and Extra High Tension Industrial Electricity Consumers' Association, Represented by its General Secretary, Pradeep M. – Appellant
Versus
Kerala State Electricity Regulatory Commission, Represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioners: Abraham Joseph Markos, Isaac Thomas, P.G. Chandapillai Abraham, Alexander Joseph Markos, Sharad Joseph Kodanthara, John Vithayathil, Aibel Mathew Siby.
For the Respondents:Sri. Vipin P. Varghese, SC, GCDA, Sri. C. Joseph Antony, Sri. R.V. Sreejith, Public Prosecutor, Sri. V.M. Krishnakumar, Sri. Adarsh Mathew, Sri. Merline Mathew, Sri. Celine John, Sri. Mehnaz P. Mohammed, Sri. Anirudh G. Kamath, Sri. Raju Joseph (SR.), Shri. Asok M. Cherian, Addl. Advocate General, Sri. T.S. Shyam Prasanth, Government Pleader, Sri. S. Sreekumar (SR.), Smt. P.R. Reena, Sri. S. Manu, DSGI, Sri. Renjith Thanpan.

JUDGMENT :

The 1st petitioner, a registered Association of Industries, primarily of High Tension and Extra High Tension Industrial Consumers of Electricity in the State, has approached this Court along with one of its member industry and the Managing Director of the said member industry to (i) direct the 1st respondent, Kerala State Electricity Regulatory Commission (hereinafter referred to as the 'Regulatory Commission') to comply with the provisions of the Electricity Act 2003, in particular Sections 61, [Section 61 - Tariff regulations

The Appropriate Commission shall, subject to the provisions of this Act, specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the following, namely:--

(a) the principles and methodologies specified by the Central Commission for determination of the tariff applicable to generating companies and transmission licensees;

(b) the generation, transmission, distribution and supply of electricity are conducted on commercial principles;

(c) the factors which would encourage competition, efficiency, economical use of the resources, good performance and optimum investments;

(d) safeguarding of consumers' interest an

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