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A. MUHAMED MUSTAQUE, P. M. MANOJ
Indian Broadcasting And Digital Foundation, Represented By Its Authorized Signatory Shri. S. Radhakrishnan Nair – Appellant
Versus
Telecom Regulatory Authority Of India, Represented By Its Secretary – Respondent
JUDGMENT :
(A. Muhamed Mustaque, J.)
The appellants filed a writ petition seeking the following reliefs:
ii. Issue a writ of certiorari or any other appropriate writ, order, or direction setting aside Fifth Proviso to Clause 3(3) of the 2017 Tariff Order;
iii. Issue a writ of certiorari or any other appropriate writ, order, or direction setting aside Clause (a) of Second Proviso to Regulation 6(1) of 2017 Regulations; and
iv. Issue such other appropriate writ, order, or direction which this Hon’ble Court may deem fit and just in the circumstances of this case.
The relief sought above indicates that the appellants challenged clause (a) of the second proviso to Regulation 6 of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017. They also contested the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 (hereinafter referred to as the Tariff Order). This Regulation, formulated by the Telecom Regulatory Authority of India (TRAI) under Section 36 of the TRA
The court affirmed that binding precedents from the Supreme Court prevent reopening challenges to regulations, while allowing for challenges to Tariff Orders before TDSAT.
The amendment to Regulation 12(7) was made after extensive deliberations with stakeholders and did not impose arbitrary restrictions. The provision is in consonance with the TRAI Act 1997 and does no....
The Review Application was dismissed for lacking errors apparent on the record and not meeting the narrow scope of review criteria.
TRAI is not obligated to requisition information from TSPs regarding individual complaints, as its authority is limited to regulatory functions under the TRAI Act.
Regulatory bodies are mandated to consult affected stakeholders before altering significant tariff orders, as per statutory provisions ensuring transparency and adherence to natural justice.
The central legal point established in the judgment is that the exercise of power under Article 227 is restricted to cases of serious dereliction of duty and flagrant violation of fundamental princip....
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